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Hello.
I have a query I hope someone can advise.
MY ex has my son living with her and I pay child maintenance via Child maintenance service which is expensive however at the moment manageable.
I was wondering if I have a new child with my current partner will the maintenance be recalculated so that child A and child B will get equal share? How would it get Calculated that's what I wanted to know.
Thanks.
Hi,
The short answer is no. The CM you pay to your ex-wife via CMS is mandated by statute and has nothing to do with your circumstances (except your income).
This is probably not the answer you wanted to hear, but it is what it is.
Good fortune,
O
Hi There,
.
This is something I'm not sure on, I know on the CSA system that any children living at the address of the non resident parent would mean a reduction, but I don't know if this was a rule that was taken into the new system managed by CMS.
.
I did have a quick search and couldn't find anything about it so I think othen could be right in what he says.
.
It would be worth a quick call to them though to clarify.
.
GTTS
I had not heard of that, but I do hope GTTS is right.
O
Hi Othen,
.
When I was on the CSA calculation, I recieved a reduction....I want to say it was 15% but I really can't remember exactly becuase I lived with my new partner and her son, with the old system when child benifit was being paid towards a child living at the non resident parents address then you recieved the reduction, I know it goes on child benifit as to begin with they would apply the discount as my new partner hadn't informed child benifits that we had moved house, as soon as she did it was applied.
.
As said not sure if this is something CMS has taken on, and would need to be checked with them, I can't find anything about it when i search.
.
GTTS
The presence of a child in your household regardless of you parentage or not will make a difference in the calculation by the CMS
they will reduce your gross salary figure by 11% (or this is what they told me yesterday)
But as I have had several different answers to the same question over the past few months all you can do is ring them and ask.
however what I was told was if the mother of the child was claim child allowance from the address you lived at it was considered the primary child and triggers the difference.
The presence of a child in your household regardless of you parentage or not will make a difference in the calculation by the CMS
they will reduce your gross salary figure by 11% (or this is what they told me yesterday)
But as I have had several different answers to the same question over the past few months all you can do is ring them and ask.
however what I was told was if the mother of the child was claim child allowance from the address you lived at it was considered the primary child and triggers the difference.
Perhaps I'm being slow, but I'm a bit confused: is there a difference in the CMS calculation or not? If not then what is the 11% reduction for? It would be helpful to make it clear to AdamsDad I think.
Best wishes,
O
Yeah a little confused still.
Differences in opinions it sounds like. Maybe the child maintenance person on here can answer this when they get a chance.
I do think maybe it depends on circumstances however it should be fair if there is other children involved then it should decrease from ex as money needs to be spent on other child with new partner.
I will call through in due course to find out further. But from my discription provided above its pretty simple what I'm saying I hope. Ex has child and I pay maintenance .. I have new partner who I wud like go have child with so is sum re calculated so money can be given to my child that I have with me.
Hi,
.
So it looks as though CMS have taken this rule accros, which is great news, when you think even if the child living with you is a step child it still increases the out goings for your own home.
.
The team we have that can comment about child maintenance as far as I know can only comment on CSA system and not CMS though I may be wrong.
.
GTTS
I have read what Mattr wrote again, and I think it was just the grammar that threw me.
So, there is a reduction of 11% in the assumed gross income (that is after pension contributions have been taken off) if the non-resident parent has another child living in the household, and we are saying that is a CMS rule, correct?
This means that instead of charging the non-resident parent 12% of his/her gross income, it will charge .12 x .89 = 10.7% (roughly £5/week difference in CM for an average £25,000 salary).
Is this the answer AdamsDad was looking for?
Best wishes,
O
Yes, there is a reduction - here's the relevant info from the government website - step 4 is what's important
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