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I received a child maintenance letter giving details of what I have to pay. We had an informal arrangement before our separation, where i gave my wife an ammount of money each month as she was working part time, which was more than what the child maintenance amount is.
Can my wife ask for more than the amount in the child maintenance letter and do I have to pay her the extra?
Hi,
The amount that CMS have worked out is what your legally required to pay. So you don't have to pay above and beyond that amount, unless you want to.
@1peter are you divorced yet? Have you applied for a financial order. A solicitor may advise to be very careful about paying above the CMS stated amount especially now that she has gone to the CMS. This is because you run the risk of creating a spousal maintenance obligation. Youre wife upon divorce and applying for a financial order may state that the additional amount you have been paying and have demonstrated you can afford to pay is required to maintain her current lifestyle and that as part of the financial order you should continue to pay this and be obligated to do so by the court.
Its not always the case as it depends on whether the amount is material and the impact of it not continuing.
Often solicitors will just advise to pay the CMS amount and anything above that (if you want to) tie it to something specific like children's clubs etc so that you can choose to stop paying it eg if it becomes unaffordable or the club ends etc.
Hope this helps, all the best.
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