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Please can you give me some advice and guidance from your experiences?
Background:
I received a decree absolute on Nov 15. Through both our choice, we received a ‘clean break’ from the marriage.
During the divorce, I was paying her £420 per month for child maintenance as well as a significant amount for her ‘needs’. In order to assist her acquisition of a mortgage on our property, and to free me from it, I agreed to continue paying her £420 for the immediate future. I was advised at the time by my solicitor that I would be unable to amend this until one year after the divorce. I was not overly worried, as, to be fair, due to my employment I was previously not always able to have my son more than 52 nights a year. However, I have since been employed in a more stable environment and I am pleased to say I have my son about 60-70 nights a year, my ex allowing that is. After one year I notified my ex that I would be reviewing the payment and it turned out that I was paying significantly more that I should be. I amended the payment in conjunction with the child maintenance to the figure of £360 per month. Since doing so my ex has been nothing but difficult stating how my son is in dire need of the money, whilst also planning on a holiday to Florida, however, that is part of the course I guess. What does matter is that she contacted the CMS and started an official valuation, they agreed whole heartedly with my calculation and politely suggested to her that she accept my offer that was free of any variations. She did not. The variations were applied and the figure reduced to £344 per month, which he has continued to argue.
Present Situation: On Thursday I received notification of her appeal and a hearing to review the case. She has made several claims that run as follows:
1. I choose to work and live the distance I do from my son and my travel should not be considered. (not so, I put in a preference and my work direct me where I will be employed)
2. I can choose to have my son at my mother’s address which is more local to my son. (whilst technically true, I choose to live with my partner and not with my mother, obviously!!)
3. In mediation, we agreed that I would pay £420 until my son is 17 or left full-time education. (Simply untrue)
For consideration, she has opted to not be present at the hearing, whereas I intend to be.
Please, can someone give me some guidance on what to expect from the hearing? Are any of her comments likely to be given any serious consideration? Should I seek legal advice? (More expense to me I fear).
Many thanks in advance of your assistance
Hi
It's been a number of years since I've been to my own tribunal for the CMS, so I'm not up to date on this. However, the CMS have made a calculation and unless they are incorrect in some way, I can't see that they won't stick to that. Whether you chose to move away or not is irrelevant - the deduction for travel (bear in mind, the figure is taken off your income and then the maintenance is calculated, so the actual reduction for travel is only a fraction of the actual travel costs) is for costs in relation to maintaining contact with your children, it doesn't mae any difference whether you moved or she did. It is also perfectly reasonable that you would want to have contact in your own home - the CMS will not impose on you that you have to have contact at your mothers. FInally, it doesn't matter about any mediation agreement, or even a court order for maintenance - after a year, the CMS order will overrule any of those orders or agreements. I would continue to pay the CMS calculated amount (if you want to pay more, then pay this into a savings account for your son for when he's old enough) and wouldn't worry about this unduly.
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