Q&As

How is index linked maintenance calculated on an order that is a few years old? What is the position where the method and calculation of the index linking is not specified in the order?

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Published on LexisPSL on 27/09/2016

The following Family Q&A provides comprehensive and up to date legal information covering:

  • How is index linked maintenance calculated on an order that is a few years old? What is the position where the method and calculation of the index linking is not specified in the order?

The usual wording as to the index linking of periodical payments is as set out in the Precedent: Standard order 2.1—financial remedy order—omnibus at clause 89, ie:

‘The periodical payments set out in paragraph [insert] [and paragraph [insert] above] shall be varied automatically on the “variation date”, which shall be on the date of the payment due in [insert month] and at yearly intervals afterwards. The change in the payments shall be the percentage [change OR increase], if any, between the [retail prices index OR consumer prices index] during the most recent 12 month period preceding the variation date for which index data has been published.’

Or, at clause 90, ie:

‘The periodical payments set out in paragraph [insert] [and paragraph [insert] above] shall be varied automatically on the “variation date”, which shall be on the date of the payment due in [insert month] and at yearly intervals afterwards. The change in payments shall be the [greater OR lesser] of:

a. the percentage [change OR increase],

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