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Assumption: "If a maintenance order says payments 'shall be varied automatically' by CPI (Consumer Prices Index), the increase happens by itself and you don't have to do anything."
1 min readThis content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
Court Reality
An automatic variation clause tied to the Consumer Prices Index (CPI) means the payer is ordered to apply the inflation increase each year — it does not mean the court or anyone else applies it for you. If the payer ignores it, the CPI increase is still due and enforceable, but you have to chase it. The shortfall accrues and can be backdated to the date the increase was due. Treat an unpaid automatic CPI increase as arrears, not as something that simply didn't happen.
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The Gap?
"If a maintenance order says payments 'shall be varied automatically' by CPI (Consumer Prices Index), the increase happens by itself and you don't have to do anything."
Court Reality
An automatic variation clause tied to the Consumer Prices Index (CPI) means the payer is ordered to apply the inflation increase each year — it does not mean the court or anyone else applies it for you.
Seen a gap between what you thought and the reality? Share yours.
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