If you have done the hard work of agreeing maintenance upon divorce and have sensibly put in place a mechanism to automatically increase the payment each year by the rate of inflation, then pat yourself on the back. You’ve done all you can to avoid having a huge row with your ex each year about the amount of any annual maintenance increase and the prospect of an expensive return to the family court to argue the toss in front of a judge.
But, as I have discovered from my virtual postbag over the last two years, the scope for argument and misunderstanding still exists. I have just heard from Lianne:
I wonder if you would please help solve an issue between my ex-husband and myself.
I am due to receive an annual RPI increase from 1.1.13. (date stated in my Court Order).
I receive my monthly maintenance payments on the 16th of each month.
Can you please clarify which months RPI figure is the one that should be used? My ex is saying that it should be the one for Sept. 2012 as the Court date is the first of the month.
My view is that it should be the figure for Oct. 2012 regardless of whether the increase is for 1st or the 16th of the month, as it is the actual month that is the deciding factor not the date of the month.
Thank you for your time and attention.
Well, I’m with Lianne on this one. The normal mechanism is to use the RPI figure for the month three months before the month in which the maintenance is to be increased. So that would be October. For any visitors of the blog for which that sentence reads like gobbledegook, you will have to read the other posts and comments on this subject using the RPI tag in the Cloud Tag on the left hand side of the page. The important thing to note is that the increase in maintenance is based on the increase in inflation in the preceding (or as near as dammit) 12 months. There is always a lag before the Office for National Statistics can calculate each month’s RPI figure and then release it to the public. So it is common to take a figure three months prior to when the increase is due because the RPI figure should be in the public domain by then.
If anyone wants to work out how to calculate an RPI increase then look no further.