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Hi all
Im just wondering uf your guys can help? I have a family based arrangement which i pay my ex £300 a month since the day we split up, she is now stating that she is going to the CMS because she will get more money! Ccan she do this and also get back pay for the extra money i haven't paid??
Best Regards
She can certainly go to the CMS and ask for a case to be opened, but the amount to be paid will be effective from when the case is opened. It's worth using their calculator to find out how much yhe new figure is - you have the option to open a case yourself, and she may have the calculation wrong.
Thank you very much, i have had a look and its nearly double the amount, Do the CMS take your outgoings into consideration i.e mortgage bills ect?
Hello Gorby
With you having a family-based arrangement in place you may wish to speak with the other parent regarding maintenance payments. Although family-based arrangements are not legally enforceable, parents can decide the terms of their agreement to suit their current circumstances, as there are no strict rules or formulas to follow. It can include money and other kinds of support, for example providing school uniforms, toys and clothes.
The Child Maintenance Options website has a useful tools and guides section that you and the other parent may find helpful when trying to negotiate their family-based arrangement. These can be found at http://www.cmoptions.org.
Either parent can make an application to the Child Maintenance Service at any point. The paying parent’s responsibility to pay starts from around when the Child Maintenance Service contact the paying parent not from when you first make contact with the Child Maintenance Service.
I have included a link on how the Child Maintenance Service works and how they calculate child maintenance that you may find useful, https://www.gov.uk/how-child-maintenance-is-worked-out/how-the-child-maintenance-service-works-out-child-maintenance.
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.
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
Hi
Unfairly in my opinion, the CMS calculate the amount based on your GROSS income (salary, dividends, investments etc.). They do make deductions for pension payments and you can get further deductions for contact costs and dependant on how often you have your child/children stay with you.
The CSA take it based on net income, but they use a higher percentage, so they are fairly equivalent.
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