How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 32980
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Type Your Family Law Question Here...
Clare is online now

Hi, re periodical payments.Our consent order is being written

Customer Question

re periodical payments.
Our consent order is being written up. Periodic payments are being set at c900 pcm of which csa recommend cm to be c550 pcm, so approx 350 for spousal I guess.
In the order my solicitor wants to put: that I will declare to my ex any increase in my salary and my net increase in income should be offset by him by decreasing his spousal until it reaches the 550 cm. Then plateau.
It feels like I will be working for his gain. I'm presently part time and need/want to increase my hours to increase my income, but I see no incentive at all. I won't be any better off, but his payments will decrease.
In short: should my spousal element of the periodical payment decrease, if i increase my hours. My youngest is 7 and im presently about 0.25wte in a 40k pa job. And if not, how on earth do i tell my solicitor? Many thanks.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much does your ex earn?
Customer: replied 1 year ago.
I can't remember now what was on the form e 6 mths ago. I think about 45k maybe (can't remember how much is disregarded as 'expenses'. But I know when the fig was put into the csa machine with 3 children and nights spent 26-52 fig comes back with £550 pcm
Consent order basically is 60/40 split me/him. House value is 250k, equity is c147k.
Separate from house is a 23/25yr endowment, surrender value c30k. He gets this.
So 40% of the equity plus endowment =c70k. Take away the 30k endow he's keeping means I owe him c40£ to stay in house.
I can raise 20k. Offered him that and his 24k pension share. He said no. So there's a charge back of 16.3% ( 40k as %age of house value at 250k) plus mesher of usual conditions.
He keeps 55k inheritance (came after our separation - my solicitor disregards this.)
Pension share of 24k pension from him to me so both fairly equal.
He pays 875pcm global periodical payment (since jan 2012 he's been paying 950. 875 is the 950 less the endowment mthly payment of 75)
When I told my sol I cld increase my hours (gross increase of c6k pa)she jumped on this saying I shld receive 200mth less periodical payment cos my needs have gone down.
Really feels like she's working for his interests not mine.
No incentive fo me to work I my pay effectively goes to him.
I asked if my periodical payments wld increase if his income increases. She said no, not until the csa element breeches the 875limit verge spousal element being like a buffer that swallows his increase,
Seems so unfair :(
Thanks for taking time to read and helping if you can.
Expert:  Clare replied 1 year ago.
When is the spouse maintenance due to stop?
Customer: replied 1 year ago.
31/10/2026 ie when current mortgage finishes. Or the usu triggers like remarry, Cohab etc. That date is also trigger factor for resale etc. youngest child is 19yrs and 2mths at that date.
Customer: replied 1 year ago.
Up till now it's only ever been spoken as 'global periodic payment' not child and spousal etc.
Expert:  Clare replied 1 year ago.
For clarity - your solicitor has told you that this is the best deal that you can get?
Your youngest child is currently 7?
Customer: replied 1 year ago.
Yes says she is quite sure. Said she she ran it by a senior colleague also, who agrees with her. To put it more into context she is also a family friend who is giving me 'mates rates'. This has been dragged out 3 years, offers only finally on table in last few weeks.
Mediation didn't work for us.
My children are 14+11m, 9+9m and 7+3m. Trigger date is when youngest is 19+2m which is last payment of 25 year mortgage. (I had asked for it to cover tertiary education but was told no by my solicitor, insisted it got put firward and was rejected by ex.
I got such a bad feeling. I think he is laughing and I'm being left high and dry.
Expert:  Clare replied 1 year ago.
So there are capital assets of £177,000 and the division of this is to be 60/40 in your favour.
he will be keeping a £55,000 inheritance
Pensions are being balanced and you will be receiving spouse maintenance as well as child maintenance.
he currently earns £45,000 a year gross and you earn £10,000 a year.
Is all of that correct?
Customer: replied 1 year ago.

Capital assets:

House valued at 250,000

Less mortgage at 94,540

Less sale costs 7,500

Current equity 147,960

Endowment 30,583

Total jt capital assets:178,543

Him 40% 71,417

Me 60% 107,126

Pensions (excl state):

His present total 152,566

My present total 103,666

He proposes giving me one of his pensions (23,945)

His new total will be 128,621

My new total will be 127,611

More or less 50/50


He is currently declaring 782.52/wk gross income

x52 40,691 pa

He does not declare expenses or on call payments or car allow' etc

My present income is 10,275 pa before tax, ins, pension

9.5hrs/37.5 wte @ 40,558

Consent order:

Family home transferred to me

For his 40% he needs: 71,417

So he gets endowment of 30,583

Charge back of 40,834 on property

(that as %age of fmh [250k] is 16.3%)

Charge back on foll triggers:

- 31/10/2026 (date mortgage ends, also youngest child 19+2m)

- my remarriage

- my death

- my cohab for 12 consecutive mths

- my voluntarily repaying charge

Charge portable

I undertake to try to release him from mort as soon as

he indemnified in relation to maort payments

He pays 'global periodical payments of £872pcm' until

- 31/10/2026

- my remarriage

- my death

- further order to court

Global pp's reduce as each child become non-qualifying. therefore he must produce payslips and p60 on request

H will undertake that if her overall income increases (obv if her earnings inc her benefits may reduce) she will inform P so that they can attempt to renegotiate the level of the spousal element of the periodical payments. This is the bit that prompted me to write in.

I get pension share of 23,945 (making pensions approx 50/50)

Plus the usual legal jargon in there.

***** In writing this I'm getting increasingly unhappy that the pension cash equivalent is not being split 60/40. Its been equalised at 50/50.

If I had the 40k (chargeback amount) to buy him out I would. I can get a loan from my dad for 20k but no more.

If I could that pension differential to equate to the remaining 20k then it would be brilliant but i have no idea if pension money = asset money proportionally???

In all of this I have made no claim to his 55,000 inheritance, which he received after our separation. Because I've been told I cant.

But I'm wondering if a judge would help me with the buying out if he knew I'm playing fair in that respect??

We're booked in court on wed for FDR.

Both legal teams really want this resolved before then and just send in the paperwork.

BTW if you are able to advise to the level of info I have provided, I'm more than happy to increase my payment to you, as this is much more detail than I had originally envisaged.

My solicitor is ringing me 9am tomorrow.

Many thanks, Helen

Expert:  Clare replied 1 year ago.
Be honest.
Could you find a way to manage the mortgage if he only has to pay child maintenance?
Customer: replied 1 year ago.

Hello Clare,

Yes because I have an offer of a job securing an extra 7.5 hours which is net increase of 430 pcm.


Expert:  Clare replied 1 year ago.
Please remember that all I know about your case is what you have set out above - nothing more and nothing less - no background no context nothing.
Personally I think this deal is not a great one for you and is the minimum the court would award you.
I believe it is much more likely that the Judge would favour an option that gives you the house - provided you can pay the mortgage and give up your claims to spouse maintenance and a pension sharing order.
I do not think you would even have to pay the £20,000
As things stand I do not think you shoudl agree this
Please ask if you need further details
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 32980
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you Clare.

My gut feeling is the same.

Expert:  Clare replied 1 year ago.
I hope all goes well
Customer: replied 1 year ago.

Oh gosh I do have 2 more questions.

1 - According to English law, are pensions split in the same pot as the capital assets?

Because the more I think about it, I don't understand why our pensions have been leveled at 50/50 but we agreed on a 60/40 split on assets.

2 - And if so, how much is is a CETV worth in terms of assets that are being divided up. Eg if he has a CETV of c150k, how much cash goes in the pot? All of it or a proportion of it?

Thanks so much if you can answer these 2 extra questions.


Expert:  Clare replied 1 year ago.
1. No - pension sharing is a separate issue and is about your each having a claim for half of the pension that the other accrued during the period of the marriage.
If you have both been paying into your respective pensions only during the marriage then balancing them is the appropriate way forward
2. No - Even the CETV figure is not a true "Cash Equivalent" and where capital is being taken instead you gave to discount it heavily.
In this case the £24,000 odd you are getting could be looked at as approximately £8,000 cash (ish)

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Kasare



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Thomas's Avatar



    Satisfied Customers:

    UK solicitor
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • face July 2011.64x64.jpg UKfamsol's Avatar


    Family Solicitor

    Satisfied Customers:

    Very experienced specialist family law solicitor, qualifed in 1994
  • chatham-chamber's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)