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My case with the CSA has been closed now as I was deemed to have a nil payment as I no longer work and look after my children from my new marriage. I had to take this decision as my ex-wife milked me for everything during the divorce and I ended up being made bankrupt, I was ending up after paying for petrol to get to work and paying CSA with almost nothing left and not enough to survive on, thankfully my new wife was more than supportive for me and she is now supporting me to now that the children are older to go to university and she is also paying the legal fees that I need to pay in order to get access rights to the children from my previous marriage. I would rather pay this money towards my children, both from my current and previous relationship.
Anyway getting to the point, once I finish university if I get a job would the new CMS be advised in the same way that the CSA were and would I have to go through them as I am more than happy to pay my ex-wife direct but I know that she would rather fleece that bit more money out of me and use the CMS collection service even if it meant her loosing money. I really want to support my children but I need to do whats best for them all and if it means that the children that I live with would loose out then I'll have to make the decision again to put them first as I don't want to have to work all those hours again for nothing and I would rather not work if that's the case then I can be at home for my children.
Any advice would be grateful, I am fully aware of the moral duties of helping out my children and I would do whatever I need to for them but its hard when whatever I do gets thrown back at me, so I'm saving the money that I would have given my children that I don't see for birthdays, Christmas etc to give them at a later date when I know that they can choose and not their mother.
Hi, the CMS work very similarly to the CSA so the answer to your question is yes. If you pay what you have to willingly they shouldn't charge you or your ex a collection fee. I'm not too hot on Child Maintenance issues but some of our other members know more and I'm sure will offer their opinions too.
Hello OllieC
The Child Maintenance Service works out child maintenance using the paying parent's gross income, which is income before Income Tax and National Insurance are taken off, but after occupational or personal pension scheme contributions are taken away. In most cases this gross income figure comes from information given to HM Revenue & Customs (HMRC) by the paying parent, their employer or a third-party such as an accountant.
Either parent can make an application to the Child Maintenance Service. If the receiving parent makes an application for Collect and Pay the paying parent can request to use Direct Pay.
If you would like further information on how the Child Maintenance Service calculates child maintenance you may wish to have a look at the following link, https://www.gov.uk/how-child-maintenance-is-worked-out/how-the-child-maintenance-service-works-out-child-maintenance.
There are various ways that child maintenance can be arranged, there is a family-based arrangement which is an arrangement agreed between parents without the intervention/ involvement of the Government or legal system and is not legally enforceable. There is the option of the Child Maintenance Service which is the Government’s statutory maintenance service, who can calculate maintenance leaving parents to arrange payment between themselves, or collect payments and pay to the parent/ main carer. There is also a Consent Order/ Minute of Agreement which is an arrangement through the courts.
For more information on all the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website at http://www.cmoptions.org.
The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation.
Regards
William
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