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[Solved] Children abroad

 
(@Smartman)
Active Member Registered

Hello
New here... I know this is gonna sound a little strange for some of you as I know most relationships end badly...
My ex wife and I stopped being nice to each other and ended up fighting in front of the kids sometimes which wasn't pleasant... long story short we got divorced.
My ex is Czech and she's asked permission if she could take the kids to Czech to see if she can make a life in her home country...
Of course we are very good friends... and I will always stand by her decisions as a friend.
Now the kids and her live in Czech... they are happy (which to me is everything)

Summary:
I pay maintenance which I'm totally fine with but I also pay:
Travel to see my kids
expenses to spend on my kids when we spend time together
plus she doesn't work so I do buy some things for the kids on her behalf... (Ex is very good)
although like most ex wives they do tend to want more... you just need to let her know where she stands.

Question
Am I suppose to count the expense as part of the maintenance?
Question 2
My salary varies weekly although I have a set minimum weekly wage should I base my maintenance on that?

Appreciate your thought in advance
Leigh

Quote
Topic starter Posted : 13/05/2017 1:29 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Hi there

It's a difficult one, is your arrangement an informal one, or through the authorities?

With the CMS here, they do factor in travelling expenses to see the children, but that's when both parents reside in the UK...I'm not sure how that would work outside of the jurisdiction.

I think, if you can keep any agreement between yourselves, that would be better. I would check what arrangement the UK has with Czechoslovakia for payment of CM, I would think there would be something in place, but if she is minded to I think she could go to court in her own country and they would then contact the CMS here with an order to pay.

My advice would be to talk to your ex and see what agreement you can reach... perhaps you could suggest not making a payment when you travel and whilst your there, to help you with travelling costs and expenses.

Best of luck

ReplyQuote
Posted : 13/05/2017 1:55 pm
(@Smartman)
Active Member Registered

Hello
Thank you for the reply... I wouldn't think to go as far as going legal for this. My questions were based on curiosity... should things go south. I like to be prepared.
That s a good point to reduce the Child maintenance when I visit to help cover cost for airfares and spending... I bring that up as she never brings them here.

I am lucky to have a friendship relationship with my ex... we do see a lot of thing eye to eye with the up bringing of our children.

With regards to money/finances I understand she's not working therefore I am the main source of income for her and our kids... indirectly we are still a team... Realistically we are just two people who have kids living separate lives. Facing that fact is harder that you think...

Thank you for your advice... I appreciate any help I can get as I'm new to this area.

My other question remain unanswered.... Minim wage is best to calculates to the CM per week?

ReplyQuote
Topic starter Posted : 13/05/2017 9:38 pm
(@dadmod4)
Illustrious Member

Hi - CMS would use your last years tax records in general, so if you are working with an informal arrangement you could work on that basis to give you an average monthly income as a starting point.

Alternatively, since you are both cooperating with each other, and presumably trust each other to be honest, I would suggest using your minimum wage as the basis and that if yo earn more in a particular month, then you will give her extra - that way she knows the minimum that will come in, and if there's extra , she can use it for anything that's a bit more of a luxury.

Either was will be the same overall annual figure - it's a matter which you are comfortable with.

ReplyQuote
Posted : 14/05/2017 2:14 pm
(@Smartman)
Active Member Registered

Once again thank your for your thoughts...
I appreciate another view from someone outside the picture... hopefully some day I can return the favour.
Best wishes
Leigh

ReplyQuote
Topic starter Posted : 14/05/2017 2:34 pm
(@Child Maintenance Consultant)
Noble Member Registered

Hello Smartman

It is good to hear that you have such a good relationship with your ex-partner and sounds like you have a successful family-based arrangement in place with her for your children.

Many parents do now choose to sort out their maintenance between themselves as it can be the quickest and easiest way of setting up a maintenance agreement and although family-based arrangements are not legally binding, they are very flexible and can be easily changed so if you or your ex-partner does have a change in circumstances your agreement can be adapted to incorporate these without any disruption to your regular payments.

In regards to calculating an amount of maintenance for your children based on UK legistlation and the statutory scheme here in the UK, the Child Maintenance Service, they would use the amount of gross income given to HMRC by a paying parent, their employer or their accountant to work out the average amount of earnings.

If during the year earnings from employment change temporarily from week to week due to overtime or bonuses, this usually would not make a difference to the amount a paying parent, however, if there is a more permanent change to current income and this differs from this by 25% or more from the income figure previously used then the paying parent may have his payments reviewed and a change may be made to their payments.

If you would like some further information about how the Child Maintenance Service calculate their maintenance payments they do have a leaflet which you can find by following this link https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/325219/how-we-work-out-child-maintenance.pdf.

If you do wish to base your payments on these guidelines, Child Maintenance Options do have an Online Calculator on their website at http://www.cmoptions.org which you may find helpful. They also have other support tools and guides that can help parents negotiate and document their arrangements.

As you have no other third party involvement in your family-based arrangement it really is up to you and your ex-partner to decide what you would like to include in your agreement. As you have such a good relationship with her it does sound like you would be able to talk about the amount that you are paying and whether you can change this when you do travel over to see your children.

You may also be interested to know the Department for Work and Pensions (DWP) have a website, 'Sorting out Separation'. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is http://www.sortingoutseparation.org.uk/

For more information and for a more personalised service, you may wish to visit the Child Maintenance Options website yourself.

Regards

William

ReplyQuote
Posted : 15/05/2017 2:21 pm
(@Smartman)
Active Member Registered

William
Thank you so much for the advice and support you have offered... I will take them into consideration.
Many thanks
Leigh

ReplyQuote
Topic starter Posted : 18/05/2017 8:07 pm
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