[Solved] Proved Nights

Do you know if you ex has made an application to the Child Maintenance Service ? They can backdate payments to the application date, and not before that. As long as you can prove that you're paying, there would be no additional fees.

Note that the CMS is different than applying to the courts. I don't think she can apply to the courts for this. If she is seriously saying she will take you to court, is because she doesn't know what the process is and is simply trying to bully you.

Hello Unknow999

Although I am not legally trained, I can assure you that if an application was made to the Child Maintenance Service (the Government’s statutory maintenance service), your responsibility to pay will only start from around the point they contact you. Therefore, if the other parent was to make an application to the Child Maintenance Service, they would not be able backdate any payments.

Other Dad.info users may be able to insight you further in regards to UK law and any costs involved using the courts. Alternatively, you may wish to seek legal advice.

For a more personalised response and information on the options you have for setting up child maintenance, you may wish to contact Child Maintenance Options directly at http://www.cmoptions.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

She can apply to court for financial assistance for the children, to avoid that my advice would be for you to open a case with the CMS yourself to prevent that from happening.

If you are already paying an amount equal to the CMS calculator, there shouldn't be any nasty surprises as far as the amount is concerned.

As far as the number of nights spent, if she disputes the number of nights you have the kids to the CMS, they will most likely take the fall back position and calculate the amount with a 1/7th reduction, which covers overnight stays between 52 and 103 nights per year.

I have unofficial custody agreement with my ex.

It depends what you mean by unofficial. If there is some sort of agreement in place, verbal or maybe in emails where you both agree what should be paid etc and it lays out some rough terms then it might constitute a "contract" under UK law and be enforceable as such - probably through the Small Claims Court. It won't really be anything to do with Child Maintenance however -just to do with what you both agreed and what has been paid.

I am paying childmantanance regular as per gov calculator results. Yesterday my ex started to threaten me that she will take me to court because I paid not enough child maintenance in last year. And I will need to give her back difference and cover court fee.
I am totally lost in Uk law. ☹️

Paying as per the calculator is a good base.
As per above she can try and take you to court based upon the terms of the agreement you made with her - the court will decide if it is (1) enforceable and (2) under/over paid by yourself.

In order to reclaim court costs she would need to make that claim as part of the court application.

If she won the case the the court would order you to pay her £X. They may order you to also pay her costs - it just depends on all the exact details.

An important thing to consider is that you will prob need a solicitor to assist you ( maybe a lawyer or a barrister ) - which has a cost associated with it - which will probably be very significant.
If she wins you will still have to pay your costs.
If you win the court MAY make her pay your costs - however I would think it is unlikely.

So in terms of total stress/cost time there is a calculation for you to figure out about how to handle it - e,g if she wants an extra £500 you could let it to go court and end up paying the £500, your costs and her costs. Even if you go to court and don't end up paying the £500 you will still of paid your legal costs.

As others have said Child Maintenance ONLY starts when a case is opened.

It may be worth you considering for YOU to open the case yourself ( which you can ) - at that point you then owe via the CMS what the CMS tell you that you need to pay. The CMS will not backdate it but it will protect you both moving forward.

How I can proof how many nights kids spent with me in last year?
Is she can claim last year difference in child manatanance?
Do I need to cover court fees please?

If the agreement you have with her ( in txts, emails etc ) shows you have the kids for X nights that would be a good start I would think. And if you have regular contact in email/txt/phone records that indicate you have the kids ( e.g. she phones at 8pm every night you have them to say good night - but never phones you at all when you don't have them).

She can't claim "child maintenance" unless she has started a case or got court ward custody/financial stuff - however if there is any sort of agreement/contract between you she can in theory claim under that principle.

You only need to cover her court fees if you want to, or if the court orders that you should at the conclusion of the court case.

Thank you very much for advices 🙂

As far as I know she didn't open any case with CMS.
I believe she just threaten me to feel like she have more control. However I don't want to be manipulated and if her threat have some legal bases. I would like to protect myself.
Summarizing
If I good understand. I would be in save position I mean she cant go to the court if I will open case with CMS and I will pay as per instructions.
Is it correct please?

Hello Unknow999

A Court Order (also known as a Consent Order or a Minute of Agreement in Scotland) is an official ruling made by a court in England, Scotland and Wales. To arrange a Consent Order, both parents need to agree how much child maintenance will be paid and how often, before going to court. Parents can agree this either privately between themselves, through a solicitor, or a mediator.

This means that unless you and your ex-partner can agree to the terms of your arrangement beforehand, the court would not be able to proceed with an arrangement.

If you find you are not able to reach an agreement, either of you may wish to consider making an application to the Child Maintenance Service. They are the Government's statutory maintenance service and can either calculate your child maintenance, then leave you to arrange payments between yourselves, or they can collect payments and pass them on for you.

At reiterate what was stated previously, if you do 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 that you're contacted by them, or you contact them.

If at any point in the future you do feel as though you could potentially reach a Family-based (mutual) arrangement, you can find various supporting tools and guides available to assist you on the Child Maintenance Options website www.cmoptions.org.

If you would like any further information about the Child Maintenance Service and the fees involved with this, and to receive a more personalized service, you can contact Child Maintenance Options directly.

Regards

William