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1st time CMS help

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Posts: 192
Registered
Topic starter
(@Vik2001)
Reputable Member
Joined: 4 years ago

Hi

i had a finding of fact that was dismissed. ex has given me interim contact but no overnight stays.

shes now after CMS costs, and wants to resolve this without going throught the CMS services, so between me and her.  should i do this or go through CMS?

also i had to be lengthy contact centre costs, can i offset the costs i had to endure if she tries to backdate CMS costs.

33 Replies
Posts: 5316
(@dadmod2)
Illustrious Member
Joined: 6 years ago

hi,

If she is reasonable, I suggest keeping CMS out of it. With CMS you will have to pay more if you do over-time, get pay rises, bonuses. I hope you get overnight contact once court hearings are over, then you should be able to lower your maintenance costs. can use the CMS calculator to work it out: https://www.gov.uk/calculate-child-maintenance

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Posts: 192
Registered
Topic starter
(@Vik2001)
Reputable Member
Joined: 4 years ago

thanks.

can she backdate CMS payments?   it really puts me in a whole as she left me paying our huge mortgage.  shes also asked i sell the house and give her share, which leaves me struggling to find a place.  i probably cant afford one on my own, but thats a diff story.

anyway i can claim contact centre costs?

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1 Reply
(@dadmod2)
Joined: 6 years ago

Illustrious Member
Posts: 5316

@Vik2001 if she goes through CMS, she can not back-date. e.g. if she opens CMS claim tommorrow, they will not do any back-dated payment before this date.

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Posts: 790
Registered
(@Daddyup)
Prominent Member
Joined: 5 years ago

You can offset costs but its not straightforward..

 

Eg if you incur £200 of costs then this comes off your annual gross salary and then you use that figure to work out CMS using the calculator. I think for every £100 in costs it reduces CMS by £1.50 per month (or something like that)... You can play around with the calculator online..

 

Also not all costs can be offset, you would need to read guidance. 

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Posts: 192
Registered
Topic starter
(@Vik2001)
Reputable Member
Joined: 4 years ago

ok most helpful thanks.

is there anyway when you dont pay CMS, say if we both have shared residence 50/50 ?

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1 Reply
Registered
(@keepitsimple)
Joined: 4 years ago

Active Member
Posts: 3

@Vik2001

We're currently trying to receive confirmation on this; stories differ however the Gov website and speaking to CMS seem to identify that in a 50/50 shared care arrangement order made by the courts, you 'should' under normal circumstances not have to pay anything.

However, we know the whole CMS system is archaic and the 'bracketry' system they use simply doesnt work.  The whole CMS system needs total reform.....the question is, how do we achieve this?

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