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Hi All,
Apologies for not being very good at this but first time I have even written on a forum so if I get this wrong please bear with me!
I need a bit of advice/help from you all as I'm not sure where I stand so before I make my next step I thought I would ask!
So I have been divorced since 2015 separated since oct 2014. We have 2 children and when we separated I paid CMS straight away, as its for my kids and I have no issue with that.
After a very long and costly court case, I have to pay spousal maintenance as well as CMS (if due) as per the court outcome.
Straight forward you say, but my kids have lived with me 50/50 (1 week with there mum & 1 week with me) since we separated and now my Son is 18 but still in education.
Also at the time my ex had no job/income so I understood the CMS payment.
So my question, if they live with us 50/50 and she works full time, should I be paying ANY CMS money?
If I don't how do I go about stopping this in the right way?
My concern is that if I ring the CMS myself that they will ask me to pay more which is not where I want to be going with this.
As it stands she has a fulltime job and is still getting money when I'm struggling to support my kids and myself.
Your advice/comments are welcome.
Thanks
I would look at the maintenance calculator to see what maintenance you should pay if you went through them - if it's the same or less, then there is no loss in trying to get the calculation based on equal care, in which case you don't pay. Any CMS order will supercede the child maintenance part of the divorce financial order. If the divorce states you pay child maintenance beyond education, then it might be worth using CMS anyway as this will override the court order and the maintenance will stop when your child leaves full time non-advanced education or age 20, whichever is first. I assume your second child is under 18, so the same will apply .
Hi there, my daughter just turned 18 years old she has left school and working 30 hrs per week I have a private agreement with my ex and have been paying her £250 per month. Does this stop now, I will still financially support my daughter when required personally as her father, Any advice would be really appreciated before I broach the subject with my ex and the argument ensues! Thank you very much
Hi
Are you paying by CMS (or CSA) or was this a private arrangement? If it's CMS, then you would continue paying until September, and I'd contact CMS to make sure they are aware that your daughter has left education - your ex should cease claiming child benefit, which is what determines the CMS liability.
If it's a private arrangement you have, then you could end paying sooner - there isn't a great deal your ex can do about it except try to open a case with CMS, and for 3 months it probably wouldn't be worth it, if they would even open a case.
Thanks a lot
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