Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
Hi,
I've just had my case move from CSA to CMS and the payments have doubled. After having gotten over the shock I now have to work out the repayment schedule. The CMS have calculated 12 equal instalments, however, while I am paid monthly I get quarterly bonuses so I cannot afford the flat rate of 12 equal repayments.
I have subsequently spoken to CMS to offer a repayment schedule based around my pay schedule where I offer 50% higher than I was paying in CSA for months 1 & 2, and then in month 3 pay arrears from month 1 and 2 plus the full month 3. My ex has come back and said no to this.
I'm fully committed to paying what I owe but over a reasonable schedule that will not have a negative impact on my family for 8 months of the year. I don't see how increasing my payments in all twelve months has a negative impact on my daughter.
What's the view on this and has anyone encountered this?
My final question is around lump sums. Can I theoretically pay off child maintenance forever in one lump sum via a legal agreement which states that no further claims may be made in respect of my daughter? To be honest I'm fed up with the rigamarole of playing silly buggers.
Many thanks
My knowledge on maintenance is a little rusty to be fair, some of our other members will know more.
In terms of paying off in one lump sum, if you did that via a court application, it's my understanding that financial court orders are only valid for a certain period of time.
I would consider getting some help from your local CAB or MP on this matter.
Under no circumstances should you offer to pay a lump sum to clear future maintenance, firstly because CMS will then probably think you have more money than you might have, and secondly, as pointed out, the CMS can come back to you after a year and disregard the settlement and come after you again. The CMS aren't geared for irregular payments, so unless you can come to a private arrangement with your ex (family based arrangement), then you will have to make equal regular payments.
Thanks both. Definitely no lump sum then!
Hi There,
.
I can confirm what's been said, even if it is court ordered, that you pay a certain amount the court order only lasts for 12 months so your ex could then claim through CMS again.
.
GTTS
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.