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I lived with my girlfriend, and up until recently I paid a certain amount of child maintenance to my ex wife based on how many nights my two children stayed over mine.
Recently my children said they didn't want to stay over mine anymore as they didn't get on with my new girlfriend (The standard evil step mother thing you get the idea)
Anyway, I still see them regularly but my ex wife says they do not want to stay over any more, even though I said I really want them to and will try and work out any differences, and that there will always be a bedroom here for them.
My ex wife is now saying my child maintenance payments must increase as they are not staying over any more, even-though I really want them to.
What should I do?
If you were to pay via CSA or CMS, then there is a reduction of 1/7th for each 52 nights they stay each year, so there would be an increase in the event that overnight stays stop happening. It might be worth looking up the CMS calculator to see what their calculation would be.
Hi thank you, I have used the calculator. The issue is that I WANT my kids to stay over, they are ages 7 and 10 but according to their mother they don't want to anymore. I have a dedicated bedroom for them with all their toys and clothes in it. There are 2 other children in my house also. My ex says they don't want to stay over but doesn't want me to change their bedroom into something else. They have been staying regularly for 3 years and now its just stopped! She is now demanding more money. Do I have any say in this or do I go with what the kids are saying?
Hi There,
as actd has said if you were paying through CMS/CSA then your payments would increase due to the no over nights.
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If you are paying through a private agreement then it is down to you to agree with your ex what you pay.
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Be be mindful that if you are paying through a private agreement then there is nothing stopping your ex from opening a case with CMS.
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GTTS
Hello OllieG
As mentioned previously, as you have a family-based arrangement, it is up to the two of you to decide how much is paid in your agreement. There are no rules which you must adhere to.
If you did have a case with the Child Maintenance Service, the overnight stays situation would affect the amount that you pay. Something else which would also affect it is the fact that you have other children living in your household.
If you are not happy with the situation regarding your contact with your children, you could consider seeking mediation, http://www.nfm.org.uk, or legal advice.
If you require any information about the different ways that maintenance arrangements can be set up and to receive a more personalised service, you can contact Child Maintenance Options directly, http://www.cmoption.org
The Department for Work and Pensions (DWP) have a website, ‘Sorting out separation’. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is https://www.sortingoutseparation.org.uk/
Regards
William
Thanks very much everyone, this was all very helpful.
Ollie
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