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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1184
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I am divorced (Nov 2014) as part of the settlement it was

Resolved Question:

I am divorced (Nov 2014) as part of the settlement it was agreed that my ex wife received the house and all contents along with a 50/50 split in my share holdings. This was agreed that she would not touch my final salary pension.
I have two children for which i pay maintenance as detailed in the UK Gov calculator.
I have now retired and taking my pension, however my ex claims she is entitled to continued child maintenance as my pension is deemed as income under the child maintenance laws?
This is a matter of principle, as i do intend to provide on going support for my children
Submitted: 20 days ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 20 days ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I can confirm (and I am sorry to say) that your ex wife is indeed correct that the 2012 Child Maintenance Rules do consider that any private or occupation pension that your receive as income and therefore you would still be liable to pay child maintenance based upon this income.

I fully appreciate that your perception of the order that you had was that your final salary pension would be yours and not part of the divorce settlement and this is the position- as the monies for maintenance are considered to be for your children and not settlement to your wife (although I do apprecate that the monies get paid to her so it feels the same).

Even if you did agree any provisions in relation to child maintenance when you did divorce, then any scuh provisions would have only been valid for a year then either of you could have opted out of the provisions relating to child maintenance only and reverted to the Child Maintenance Service for an assessment. Whilst I note that this does not apply in your situation I just wanted to you to know that this was the position and that your wife could have still sought child maintenance through the child maintenance service after a year.

I am sorry to say that your liability does continue whilst you are receiving your pension.

Let me know if I can assist you further

kind regards

Caroline

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