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Hello there,
I have recently separated from my partner , not married and don't own a home with her .
I have 2 previous children with a previous relationship and 3 with most recent relationship.
The previous relationships mother is happy with an agreed amount of maintenance but the most recent thinks she can get more from my already extremely adequate amount.
My question is this .. is the government maintenance calculator used if the case goes to court ? Is this the system used ?
Many thanks Michael
hi,
the CMS calculator is used to help parents make private arrangements. if she is not happy with that amount, she can open a CMS case for maintenance. no court involved in that regard, and your ex will pretty much receive the same amount thats showing on calculator site.
Hi MichaelB,
There are 2 ways forward with Child Maintenance:
1: Under the terms of a Consent Order, usually negotiated between Solicitors and drawn up in Court
or
2: Via the CMS
With #1, the Court won't follow CMS guidelines, i.e use the calculator, it really just rubber stamps what the Solicitors have negotiated between parents
With the CMS calculator, to assess what you'd most likely pay, don't use your current income but instead your 2022-23 as they usually lage a couple of years behind. Input all the other data and if it's lower you've a choice to either let her open a case so you pay less or use it as a bargaining chip to negotiate a new private arrangement. Also bear in mind that once opened, your only legal responsibility is to pay in full and on time, if you're paying for anything else that can all stop as any additional payments are viewed as gifts by the CMS.
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