Hi There
I wonder if anyone can offer some advice
I have 2 kids from my marriage (seperated 4 years and going through divorce and currently organising official payments as part of consent order)
I have subsequently, from another relationship since our split then had a little boy - but his mum and I are not together
based on my weekly income the CSM payments to my soon to be ex wife for my 2 marital kids will be 170 per week - which works out at 736 a month
now, because the CSM website doesnt have an option to consider dads who will be paying maintenance for a seperate relationship, the payments for my most recent child using the calculator will be 148 pw (641 per month)
this gives me a total of 1377 per month for the three kids from 2 seperate relationships - given my mortgage and existing debts/bills, this would leave me around £400 to live on each month
There is no functionality on their website to cater for situations like mine - A payment for 3 children in 1 relationship would be 205 p/w yet from 2 seperation relationships it equates to 370 pw - which is crippling
Is there anything I can do here ?
Yep.
If a case each is opened with the CMS for both payments (i.e. payment to marital kids, and payment to latest ex), then the CMS will calculate using their usual formula as if you are paying for 3 kids in total.
Put this to the ex's and come to a Family based agreement.
However please note. Any agreement made as part of a divorce cannot be supersede by the CMS until after one year.
So for the first year at least you will have to pay the crippling amount as you describe.
I would get the calculation from the CMS, and put it to the divorce court as part of the settlement, and in fact, ask the court if the child maintenance element can be dealt with through CMS due to the other maintenance you pay., but also have a word with CMS about how they calculate if you are using them for one child, but have a court order for the others.