[Solved] CMS & Outgoings

Hi,

If there is 50/50 care then you don’t pay cms to the other parent. However, it does have to be exactly 50/50.

If you haven’t got any evidence to back up you are having them 50/50 ( which at the moment you aren’t ) then unfortunately they will calculate it on what the mother has told them which will be shared care band 52 nights - 103 nights. The only way to prove otherwise is a court order or solicitors agreement/letter.

In relation to the joint mortgage. You can ask for CMS to take this into account and they should do so. Any joint debts etc can be considered and would reduce the maintenance contribution. I haven’t done this myself but I would assume you’d need to provide evidence of bank statements where you are paying the mortgage and the title deeds showing you and your ex are the owners of the property.

My ex has tried several times to have my cms changed due to shared care. I ended up going to court ( not just for that reason but because she was stopping me seeing my daughter for no reasons whatsoever) In the eyes of the CMS a court order would trump any evidence . Maybe worth considering if she’s being awkward about contact.

Hello Col,

Thank you for your reply,

We have been having 50/50 since December 2020 and now she contact CSM as she changed her work hours to suit so now she doesn't want me having the kids in the weeknights as it works for her so she will receive money from me and doesn't need me to have them, I have been keeping a diary of the days i have them would this be sufficient evidence? My family would also voucher for this....

Its only this week that she has stopped access to me in the weekdays allowing me to do 50/50 since she told the CSA, I have the messages to prove she has agreed 50/50 with me previously and nothing other than that.

I hope you are correct about the mortgage situation as this would be a great help.

Kind Regards

One point about the mortgage, the figure (or your half of it) doesn't reduce maintenance by that much, but rather it's deducted from your gross income, and then the new income figure is used to calculate the maintenance, so the reduction is much less than the amount you are paying for the mortgage.

One possible option for you to consider, is whether you can switch the mortgage to interest only - that will be much cheaper on a monthly basis, but it does of course mean that the mortgage does need to be paid off somehow in the future, probably by the eventual sale of the house. You would need professional financial advice before going down this route, as I'm not at all qualified in this area.

Hi,

You can certainly try with the CMS and say you are having 50:50 care, send your evidence in etc but if you can’t agree with your ex then I think they go to a default decision of the lowest shared care band of 52nights - 103 nights. I’m not overly experienced in what they do accept as evidence and how it usually plays out as I’ve always had a court order which I was told ‘trumps’ any evidence.

Hopefully someone with more experience may be able to answer the questions with more certainty.

Hello Si1991.

I recognise many of your issues and others on here and I sympathise. You are very early to the separated experience and unfortunately there will be many head scratching and sleep reducing moments to come. I do not know if it is lockdown getting to me but I am increasingly dismayed and angry with the number of NRPs that are experiencing the same treatment from their ex's and CMS.

CMS has rules to follow and these rules are designed to be in place to allow their staff, whether good or bad, to be able to make decisions. I sympathise with the staff, many are unsuitable for the roll, lacking in life experiences and stuck with rules that do not make sense. They do not have the option to bend the rules. That is the problem, the rules that have been set and the fact that glaring errors are never addressed.

On to your main point :-). I believe without a court order you have little to offer CMS to overturn any decision resulting from what the ex says. I have the exact experience. Covid comes along, I dont have my daughter overnight for 10 weeks(I do meet her twice weekly for long walks). Ex contacts CMS and tells them I am not having my daughter the required nights. Despite the CMS website saying at the time that no changes to shared care will be made during lockdown, because I do not have a court order(they told me this) they will accept what my ex says and my £100 per month CM relief is gone. But, I still have my daughter and need to pay for her time with me. I am stuck, nowhere to go.

Another post on here today says that the NRP is seen as a cash cow and anything to be done to maximise that cash will be done. It is what happens, once CM is paid, they cannot do without it and just want more and more, whether its fair, moral, or regardless to the consequences of the NRP.

6 years after this started for me, I am not as bitter as it may seem within my post, but as said I find myself getting agitated for the plight of new people I see experiencing the same things.

I think to familiarise yourself as much as you can with the rules that CMS follow and realise that expecting or asking them to be changed without the exact information/evidence they need is futile.

In your case I think, as others have stated, if your ex says one thing on shared care and you say another, they will default to the lowest rung, up to 52 nights per year and you will get 1/7th relief only, regardless of how many nights you actually have your children.......

Hi

You will need a court order confirming the split for CMS to consider it. Otherwise they will go with what ex has said.

If you own the property that the ex is living in (even jointly) then CMS will not reduce payments as you have a legal responsibility to pay it anyway.

With your ex being difficult, your options are to go to court to get a child arrangements order.

As she is leaving you unable to live, you could stop paying the mortgage and let her use the extra CMS to pay it or let it go into arrears and then it would have to be sold etc. Clearly this impacts your kids so something you have to think about carefully. Plus impact on credit file etc.

However, whatever you decide, make sure you sort out court order re kids 1st, then if you stop paying the mortgage, she can't stop contact or if she does you can take her back to court to enforce the order.

All the best.

Thanks for the Help everyone,

Current situation is that she is going to tell the CSA in 2 weeks that i'm having the kids 50/50 and she wont need no more money... i have this also in messages she wants me to prove that i can stick to my days which i have been anyway so i don't understand it, She has me by the [censored].

Regards to the mortgage i am living in the house on my own and i have the kids there 50/50 she has moved out and rented a place but not making her contribution to the mortgage, How would this work with CSA? As if i loose the house the kids will have no where to go? Surley they understand this?

Also i'm in an IVA for 6 years and i have just started the 4th year so i need to keep the house really as if i sell i won't be able to purchase anywhere for another 2 years + and that won't be great for the kids as they love the house and feel its home.

I will look to re-mortage when i can and buy her out ASAP after the 6 years.

Hello Daddyup,

Can you advise how i go straight for a court order to get them to confirm 50/50 please?

You'll need to complete a C100 form which can be found on the gov.uk website. There is a cost involved and you should attend mediation unless you are exempt. This might inflame the situation so if you are able to sort it without resort to the courts, it would be preferable.

hi, under the IVA, what percentage did you agree to pay in the pound against the total debts

did the IVA also include debts that your ex was liable for

I assume the mortgage was not part of the IVA

Does mediation need to be done first? I have spoken to somone about this and they have said the fee's are £120.00 consultation and then £400.00 for each person each session? Does this seem correct? She won't pay her £400.00 i know that for sure.