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Hi, help please, if you would be so kind..
Separated 2.5yrs, with a (now) 4.5yo child. Court order in place, lives with / lives with and 3 nights per week with me. Have been paying maintenance monthly without fail / delay, and based on (but more than..) amount from CMS calculator. Importantly, I pay in advance, always have done.
Ex has just raised a CMS claim, so I am told. Currently awaiting letter any day. Next maintenance due 18th of the month (it's the 14th today).
My question is, should I suspend the next payment on the 18th? As I understand it, CMS will calculate from the effective date of CMS claim (which is due to be very soon) and therefore, I'm very likely to be paying both in advance and arrears for the same period?
What would you do? Additional context is that I'll be going for 50/50 very soon, likely by way of C100 application.
Thanks.
Did the ex tell you she's made a claim? Are you sure thats true? If not, and you stop that will create a problem. Have you looked at he CMS calculator to check what they are likely to assess maintenance? If you suspend the payment on 18th, you may cause resentment and some sort of consequence. Could you pay weekly instead?
Thank you for the reply. She has told me, yes. No confirmation received as yet but have no reason to doubt her.
You say 'will create a problem' - what did you mean by that please? As in, damage my relationship with daughter's mum? Yes, I could likely move to weekly pay until CMS claim effective date.
Current maintenance is based on CMS calc figure, in fact I pay c£40pm over what the calc says, plus everything on my side including school uniform etc.
Yes, I did mean damage to your relationship with your ex. Its best to avoid conflict from your side if possible as there can be a negative reaction. I know this seems unfair but play it straight so you can't be accused of anything in the future. Once CMS have done their calculation you won't have to pay for school uniform unless you want to. She may find she's worse off
hi,
I would suggest to keep on paying as per your private arrangement. when the CMS letter arrives, it will give you a new payment plan and amount, then going forward you can pay according to CMS payment schedule.
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