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Hi,
Let me start by saying I know when childcare is split 50/50 there is no child maintenance to pay by either side. I know this but I earn much more than my ex so I’m happy to pay it.
However, my ex also expects me to pay half of shared costs. Some of these I’m happy to pay such as birthday parties, school trips and school uniform and I’m obviously paying for the kids to have clothes at my house. However, I don’t believe I should have to pay half of routine everyday costs such as haircuts, recreational clubs, school lunches etc as in my mind this is what the maintenance is there to cover.
Is there any guidance on what the maintenance is supposed to cover? It doesn’t seem fair for my ex to claim it puts a roof over their head and food on the table since I have to pay exactly the same costs (more in fact since she got 74% of the proceeds from the house sale so my mortgage is bigger).
I don’t want to see the kids go without but equally I don’t want to be a blank cheque either.
Thanks
Hi
If you have 50:50 then anything you do pay do not term it as CMS but instead say its to cover the extra costs that your ex is looking for.
If its not 50:50 then CMS is to cover the essentials although this isnt clearly defined plus different people can see essentials in different ways. Also there is no law that says any CMS paid has to be used by the receiving parent for essentials, they can spend it on anything they want including drink/cigs etc.
Generally my understanding is that it should go towards Shelter, Food, Clothing, Medicines.
Thanks
one good thing about going through CMS, is that you avoid arguments about extra costs like school trips/uniforms etc. CMS tell you to pay x amount every month and that's that. that's how I use their service. they told me i am to pay zero maintenance because I am out of work at present.
Hi Bill
I think that whilst when unemployed (im the same at the mo and agree with you) the arguments are avoided when going via cms, other situations will always lead to arguments unless we totally walk away from ex and kids and just pay the cms amount.
There are so many examples including the OPs where just paying the CMS amount doesn't feel fair or the right thing to do. Whilst anything over the CMS amount is not obligatory in law nor enforceable, depending on each parents financial circumstances the amount the CMS work out doesn't always seem equitable and inevitably leads to arguments.
The CMS isnt fit for purpose and I think their processes are archaic and also the way they explain things is terrible.
Just my thoughts.....
they have a limit of taking up to £3000 per week off a paying parent lol. receiving parent can always apply to court for additional maintenance if that is not enough for them. also depends on number of kids you have. i have 3 so am expected to pay 19% of income. probably why some dads are tempted to cheat the system and mess around.
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