Hi Folks! I got divorced in April and we have a consent order in place. My older two are Uni leavers and my youngest two are twin boys who were 15 in April 2024. The consent order we agreed to has us cohabiting with me paying the mortgage, utility bills and the youngest two's expenses. In exchange I got a clean break (no spousal maint). My earnings are many times more than my exs so im fine with paying for stuff.
To put some numbers to it. The mortgage is about 1200/mo the additional utility bills and expenses push this to about 2300/mo
Seeing as I'm paying more or less everything already I was wondering if I might have to pay CMS if I wasnt living in the family home. I figured that I wouldnt have to as when I worked out the CMS payments it was about 1600/mo if i never had my boys stay with me
Appreciate any advice!
hi,
if your still living together in home with ex partner, then CMS would not expect you to pay. if you move out and kids live with her, then you would have to pay CM as you would be classed as non-resident parent.
Typically, if you weren't living in the family home, the CMS would assess your payments based on your income and the number of nights your boys stay with you. Since you mentioned that without any overnights the payment would be around £1600/mo, it does imply that your current financial contributions are well above what the CMS would require. However, CMS calculations can sometimes get a bit complex, especially considering your substantial contributions to the household. It might be a good idea to have a conversation with CMS or a legal advisor to get clarity on your specific situation. They can provide detailed advice and help ensure that you're not overpaying or under any obligations you're unaware of.
hi,
if your still living together in home with ex partner, then CMS would not expect you to pay. if you move out and kids live with her, then you would have to pay CM as you would be classed as non-resident parent.
Yes - this is why I asked the question - would CMS still expect me to pay since I would already be covering everything
Typically, if you weren't living in the family home, the CMS would assess your payments based on your income and the number of nights your boys stay with you. Since you mentioned that without any overnights the payment would be around £1600/mo, it does imply that your current financial contributions are well above what the CMS would require. However, CMS calculations can sometimes get a bit complex, especially considering your substantial contributions to the household. It might be a good idea to have a conversation with CMS or a legal advisor to get clarity on your specific situation. They can provide detailed advice and help ensure that you're not overpaying or under any obligations you're unaware of.
Ok thats what I thought, it seems hard to get through to them but I'll keep trying - it would be easier if I could email them!