General maintenance
44.When the parties divorced the assets were divided so that the mother received about 40% of their value. The father has been regularly paying maintenance as ordered. However, the mother argues that the present rate of general maintenance of £1,315 per month is too low. She relies on my own decision in CB v KB [2019] EWFC 78 at [49] where I stated that when the CMS exigible taxable income ceiling of £156,000 is surpassed, then, as a guideline, the statutory formula should be applied to the surplus up to £650,000. I remain of the view that it is a useful guideline for most cases. 45.For the reasons stated above I place no weight on Mr Harding’s assertion that the father’s earning capacity is now “some £600,000”. There is no evidence of the present level of the father’s income. In June 2018 District Judge Aitken found his gross taxable income to be £185,000, inclusive of dividends from Assurety Ltd. He is now a silk of 8 years’ standing practising from an elite set of chambers. He is a leader in the field of employment and equality law. I would be surprised if his gross taxable income (including dividends) was less than £350,000. At that level, applying the guideline, his liability for child maintenance would be £2,361 per month. I have to say, notwithstanding the oppressive nature of the mother’s conduct towards the father, that the present level of general maintenance strikes me as too low. 46.In my judgment the mother’s proposed application to vary the general maintenance is arguable, and permission should be granted to bring it. I do not consider that she should be given permission to claim backdating earlier than the date of her application (22 July 2022) or to claim a lump sum to cover historic debts. These elements of her claim are not arguable, in my judgment.