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Hi, looking for some advice please.
Since 2019 separated from ex. We have two children. I was receiving child benefit for both. They were both cared for 50/50 as per consent order and no CMS paid as costs were shared. In February 2024 our daughter 15 decided to move into her mothers, at the same time the ex was trying to go after child benefit for both children. HMRC decided to give child benefit for the daughter to the ex, and I now pay £425 a month for CMS.
Our son 16 has been shared cared until now. I have opened a CMS case against the ex as he will not be living with me full time from 2nd September 2024. She does not want to pay half of his annual bus fare. I am going to support his travel etc through his college years. I also receive child benefit for our son.
The advice I need, ex is an accountant self-employed. I asked CMS today a guess of what she may end up paying. It comes to £20 a week. I am an employed person working Mon-Fri and currently paying £104 a week as the daughter is there. The ex has a new husband, another child, lives a luxurious lifestyle.
Should we at least not be paying CMS to each other to an equal value?
hi, because the CMS calculations are based on paying parents income, your ex will likely have advantage on basis of being self-employed. with self-employed their income is assessed after their expenses have been deducted. and some people play around and manipulate their earnings that way.
I recommend you join this support group for paying parents:
Hi DadMod2 sorry did not get the response you provided. Anyway, have an update on this. I have received the final calculations and ex is to pay £16 a week to me for our son living with me full-time. I am paying £104 a week to the ex for having the daughter full-time. I have raised a variation of income to CMS on 31st October. She declared earnings below £10k a year. I had to provide evidence. I uploaded the financial remedy, during our divorce, she was earning around 30K a year as a self-employed accountant. She was able to buy a house when she moved out of the family home in 2020. Since that time she has re-married, purchased a new house, 3 cars, 2 dogs and another child. She has a website, 2 employees, and office space. I also provided how much we were both paying towards children's school items, opticians etc. This was 50/50 as per the consent order instead of CM. This was from period Jan 2019 to July 2024. This was roughly £2500 each we were paying for both children 50/50 care. There any several red flags, have asked to see if they can check dividends, how she was able to have a mortgage, she claims child benefit, universal credit etc. If this income variation fails, I will pursue a mandatory reconsideration and if that fails will go down the tribunal route. I have bitten my tongue for many years, but this is not right. I work hard, do everything by the book - and her a self-employed accountant is getting away with this.
@san77 are you claiming child benefit for the child that lives with you?
@dadmod2 yes I am. Ex told me 3 years ago to take it for both children as she was not eligible. Then in Jan 2024 this year she made a counter claim for both children and managed to get it changed just for the daughter. So she gets daughters child benefit now and I our sons.
@san77 can you private message me with your Facebook profile name, and I will get in touch with them.
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