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Hey everyone.
I've been split from my wife for around 4 years now but I have never been through the courts for care rights or CMS for what I pay for my 2 children.
Things have always been very amicable for the most part and I've always had my kids either 2 nights or 1 night depending on which shift I've been on and also the shift of the following week, I know That CMS will take into account the nights I have my children to sleep.
The thing I'm not sure about is on one particular shift I will get up early enough to go round to my ex's so that I can take my daughter to school in the morning, I agreed to this because my ex said it's easier for her to get ready for work and also I get to see my youngest child for a brief time each morning, this I doubt has any affect on payments.
when I'm on the earlier shift I pick my youngest child up from school every day at 3pm and usually keep her till around 6pm or sometimes a little later and usually feed her tea every night, this happens for 10 days per month obviously on top of the 6 to 7 nights stay per month. Will this affect what I have to pay?
Also could someone clarify if I will have to pay arrears for the 4 previous years I have not kept any records for anything I have paid?
I have googled for this answer and it appears I will not as there has never been a case opened for CMS/CSA but my ex is adamant that I will have 4 years back pay to pay.
Recently things have become strained between me and my ex and she's saying she wishes to get things set through CMS which I'm not arguing against but I cant seem to find the answer to my specific questions.
Hi there
Unfortunately the CMS calculation is based solely on the number of overnights a child spends with the paying parent every week, each night reduces the calculated amount by 1/7th.
If there has been no claim opened with the CSA/CMS there won’t be arrears... if she opens a case with them, they can only go back as far as the date that they made the first contact with you.
All the best
Ok Mojo,
Thanks for the help!
Hello DonnyDad
As Mojo has stated, the Child Maintenance Service would only take into account the overnight stays that you have with your children. You would only see a reduction in your payments, if you were to have them to stay overnight at least 52 nights over a 12 month period.
It is really good to hear that you have an existing private arrangement in place with your wife for both your maintenance payments and your contact with your children. Many parents are now choosing to set up a private arrangement for maintenance as they offer different benefits to a statutory arrangement, with the Child Maintenance Service.
Parents suggest that when they make a private arrangement it does tend to last longer, as it is just an agreement made between the two of them. Continuing to collaborate together may also be better for your children.
Although private arrangements are not legally binding, they are very flexible and can be easily changed. If you felt able to negotiate your arrangement with your wife to try and keep it in place, there is some help and support available to you.
The Government have information in the form of guides and forms on their website. Work out the cost of raising your child and the Child maintenance discussion guide are both available for you to view on the website at https://child-maintenance.awscmg-dev.dwpcloud.uk/options/. These are full of information about how you can plan your conversation with your wife and how to negotiate your agreement. They also point out the financial costs involved in raising children and can give you both new ideas about what can be included in your agreement.
There is also a Child maintenance calculator which you can use to help you calculate an accurate amount of maintenance based on your current circumstances. This provides you with an amount of maintenance that the Government consider to be a reasonable payment. This also follows the same guidelines as the Child Maintenance Service.
If you are able to renegotiate your arrangement, you can record it if you wish on the Child maintenance arrangement tool. Although it is not a legally binding document, it can put your agreement on a more formal basis. You can also agree a renewal date for your agreement in case either of you have a change in circumstances in the future.
You both do have the alternative option of making an application with the Child Maintenance Service. They can either calculate your child maintenance payments for you both, then leave you to arrange payments between yourselves, or they can collect payments and pass them on for you.
If you decide to ask the Child Maintenance Service to arrange your child maintenance for you in the future, your responsibility to pay will start from around the point you either make an application yourself or, if your wife does, when they contact you. No maintenance would be calculated for you from prior to this date and there would be no arrears.
For further information about putting in place a statutory arrangement and the fees involved with this, you will need to contact Child Maintenance Options. They are an information service designed to help parents with details about all their options, and to help them maintain an existing private arrangement. You can find their contact details, and more information about your option on their website at https://www.cmoptions.org.
For more information, and for a more personalised service, you may wish to visit the Child Maintenance Options website yourself.
Regards
William
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