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:boohoo: HI ALL,
I am new to this forum. Just joined tonight . Have been separated 12 months now and struggling to understand the child maintenance.
What does the CHild maintenance include.
Me and my ex share a Nanny . And I pay her CMS for 52-108 nights a year. I have my kids alternate weekends from Fri 3pm to Sun 7pm. We share all the term holidays 50:50. During summer holidays my kids stayed with me for 22/31 days in Aug. I had to use the Nanny more so that i could go to work.
I have 3 questions:
1 If children stay with paying parent more in one month should i not be paying less that month. The CMS seems like a direct debit, whether you use the services or not you have to pay the same amount (metaphorically)
2 What exactly does the CMS cover. Does it cover the Childcare/ nanny pay that we share and for the time that she looks after the kids at my ex's house. AS my ex is of the notion that it only covers food, clothing and electricity and nothing else. Everything else is extra. Inspite of this she doesnt allow me access to children's clothing.
3 If the nanny worked for 1 week at my house, should i be paying for the whole time she is here or just the extra hours above and beyond her contractual hours, which she gets paid by the ex regularly. If I pay her for the contractual hours as well , then my ex will pay her even less and saves money in this month and gets full CMS as well.
Please HELP clarify my confusion.
Hi there
Once the CMS have calculated an amount, that stands for a year, it doesn't fluctuate to take into account any extra overnights the children may spend with the paying parent, on an ad hoc basis. The CMS review the claim annually, to take account of any changes to salary, as that effects the amount the paid. If you and the receiving parent have agreed that the children spend more overnights with you then you should let the CMS know, they may be able to vary the amount you pay.
Once the CMS has calculated the amount, that's all a paying parent is required to pay, some paying parents do make extra payments for things like nursery and school uniforms/school trips, but I believe this is discretionary.
I would think that when the Nanny is at your house, looking after the children when it's your time to have them, that you may well be responsible for paying her, but not when she is caring for the children during the mothers time.
It's probably a grey area but I would call the CMS and ask them for advice on this situation.
Hello Mran
Child maintenance is a contribution towards the cost of bringing up a child and this includes not only such items as food and clothing but also it is a contribution towards the home that the child lives in and the associated costs of running that home.
Child maintenance payments are generally calculated over a 12 months period,and shared care plus other factors are taken into consideration. The levels of the shared care are divided up into sections so even if you do have extra care of your children during the year this may not change your maintenance payments.
Child Maintenance Options do have an Online Calculator for parents to use to help them come to a maintenance figure that the Government consider a reasonable payment. You and your ex-partner might find this a good starting point for your negotiations.
The calculator is based on the guidelines of the Child Maintenance Service and will provide you with an estiamted figure that you may be required to pay if you did use their service. Paying parents are legally responsible only for the amount worked out by the Child Maintenance Service, and are not obliged to pay for anything extra.
As your maintenance payments are reduced to incorporate the level of shared care you have with your children, it may be your responsibility to provide the childcare you need while your children are in your care.
Child Maintenance Options also have some other supporting tools on their webiste at http://www.cmoptions.org that may help you negotiate with your ex-partner and come to an agreement that you are both happy with.
Their Talking About Money Guide and Discussion Guide are full of information about how you can plan your conversation with your ex-partner and how to negotiate your agreement. They also point out the financial costs involved in raising a child and can give you both new ideas about what can be included in your agreement.
Once you have decided what you would like to include in your agreement you can record this on their Family-based Arrangement Form. Although it is not a legally binding document it can put your agreement on a more formal basis. You can also agree a renewal date for your agreement in case either of you have a change in circumstances.
Child Maintenance Options have all the information about your options on their website and for a more personalised service, you may wish to visit the Child Maintenance Options website yourself.
Regards
Sarah
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