Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
Morning all,
I'm currently living in Spain and my son lives in Northern Ireland. At the moment I don't pay CMS due to a clause in the Court Order preventing it while I live in Spain (where my son was taken from).
However if I were to move home to England where I'm from this would make me instantly liable for CMS payments. I'd still need to buy plane tickets, rent cars, rent suitable accommodation, etc, in Northern Ireland for each monthly visit which as you can imagine costs hundreds each month, probably more than CMS payments. How much of this would be deductible from potential CMS payments under 'special variation' (I think is the term)?
Many thanks
I'm concerned that if the discounted amount wasn't great, then I'd be costed out of being able to see my son.
hi
When a paying parent can apply for variation
If you are a paying parent you can ask for certain expenses, which reduce your gross income, to be taken into account. These are called 'special expenses' and are for:
- the cost of keeping in regular contact with the child or children you pay child maintenance for – for example, the cost of fuel to travel between your home and the child’s home
- costs to support children who live with you if they have a disability or a long-term illness
- repaying debts from the former relationship – for example, if you are paying a car loan for a car the receiving parent has kept
- some boarding school fees for the child or children you pay child maintenance for – but only the everyday living costs or ‘boarding’ part of the fees
- making payments on a mortgage, loan or insurance policy for the home you and the receiving parent used to share – the receiving parent and the child or children must still live in the home and you must have no legal or ‘equitable’ interest in it
All the above special expenses, apart from supporting children who live with you if they have a disability or a long-term illness, must be for more than £10 per week.
If your gross income is less than £7 a week or you are getting benefits, you can’t ask for any special expenses to be taken into account.
Receiving parents cannot apply for a special expenses variation.
https://www.nidirect.gov.uk/articles/other-financial-commitments-child-maintenance-cases#:~:text=These%20are%20called%2 0'special%20expenses,or%20a%20long%2Dterm%20illness
A dad recently told me he has been paying £250 for 2 hours in a contact centre, twice a month. I told him to claim this as special expenses from CMS, and they accepted it.
Thanks Bill,
So would it be advisable to call CMS and ask them exactly how much of the costs would be discounted should I move back to the UK? From reading through the website it seems that not 100% of travel costs are accepted by CMS.
@ols hi, if CMS case is open, you could try contacting them and give them an idea of how much your travel costs are, and if they would accept as special expense and what this amounts to in reduction of your maintenance payments. also if child spends minimum of 1/2 nights a week with you, then you would also get reduction.
https://www.gov.uk/government/publications/how-we-work-out-child-maintenance
@bill337
Thanks Bill, I'll give them a ring as even though the case has been suspended due to not living or working in the country, that could change.
I totally get your concern about the potential CMS payments if you were to move back to England. It's frustrating when you want to spend quality time with your son, but financial constraints can make it challenging. Regarding the 'special variation' and deductibles, I suggest reaching out to the CMS directly for accurate information tailored to your situation. They'll have the best knowledge and can guide you on what expenses might be deductible.
@ols bear in mind, as Bill said above, any expenses are deducted from your gross income, not from the amount you pay in maintenance, so you won't get anywhere near your full expenses deducted.
Hi guys,
Thanks for the replies. I did manage to get through to people at CMS after a couple of hours on the phone. The general gist is exactly as you say, they lower your annual salary and do not deduct based on your monthly costs, so for instance if you're eligible for £520pm payments to your ex partner via the matrix, then despite paying a thousand a month in travel costs you'll still have to pay about £500pm. Farcical really.
Even if the rental property I take each month on airbnb is X amount, they will still check to see what the cheapest Etap hotel is and go on that, as an example.
The way the agent explained it to me was that essentially they work on commission from your payments so it's in no interest for them to lower your payments. Incredible system, genuinely surprised it's legal.
I guess I was expecting a logical and fair system.
Hi guys,
Thanks for the replies. I did manage to get through to people at CMS after a couple of hours on the phone. The general gist is exactly as you say, they lower your annual salary and do not deduct based on your monthly costs, so for instance if you're eligible for £520pm payments to your ex partner via the matrix, then despite paying a thousand a month in travel costs you'll still have to pay about £500pm. Farcical really.
Even if the rental property I take each month on airbnb is X amount, they will still check to see what the cheapest Etap hotel is and go on that, as an example.
The way the agent explained it to me was that essentially they work on commission from your payments so it's in no interest for them to lower your payments. Incredible system, genuinely surprised it's legal.
I guess I was expecting a logical and fair system.
This is the first time I've heard it said that they work on a commission basis - if that's the case, then that is appalling. They should be operating on a set of rules which they apply in every case (granted, the rules are imperfect, as above for the travel expenses), and if they refuse to apply those rules, then there are grounds to appeal.
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.