Case No. EWFC-136

[2019] EWFC 78 in which he suggested that the easiest way to calculate the top-up maintenance was to apply the same rate as the CMS to the Husband’s income, namely 9.8% between the CMS maximum of £156,000 and an income of £650,000. This would give a total award of £63,804 per annum in this case. I do, of course, accept that the beauty of the decision of Mostyn J is that it makes it easy to calculate the figure, so avoiding dispute. There are, however, significant disadvantages. There were four children in CB v KB so the Wife got £12,600 per annum per child. Given that I have to apply section 25, it is impossible to see why the Wife in CB v KB gets £12,600 per child but this Wife receives £63,804 for one child just because the two eldest children in this case are no longer part of the calculation. If they were, the figure would reduce to £21,268 each. 87.Moreover, the sum of £63,804 is far in excess of the Wife’s own budget for C. Although the overall figure in the budget was £47,936, I accept that it is appropriate to strip out the school fees and extras being paid by the Husband as well as the figure for training for oral examinations. This reduces the budget to £31,844 per annum. If a figure for extra school lessons and private tuition is also removed, the amount reduces to £21,876 per annum. I consider that to be too low. I find that the appropriate amount is £25,000 per annum. This figure includes the CMS assessment. I will extend the order to the end of first degree in tertiary education on the basis that the amount payable to the Wife reduces to one-third once C leaves full-time secondary education. It is agreed that the Husband will meet all additional educational costs for both O and C in the future.