[Solved] private agreement vs csa/cms

You can check what your liability is by using the CMS calculator.

http://www.cmoptions.org/en/calculator/

If the private amount you agreed is less than your maintenance liability, it's likely your ex has involved the CMS to make sure you pay the amount you are liable for.

Just to add to Yoda's correct advice.

When the CMS become involved (they do not automatically get involved - they get involved when a parent asks them to) - it automatically becomes a statutory issue (until the parent who receives (RP) payments confirms to the CMS that they wish to go with a family based agreement, which they may never do, of course) - this means you are *legally obliged* to conform with their calculation and payment schedule.

The impact of this - is that you should *stop* paying any amounts prior to the CMS calculation, and pay according to whatever schedule they provide (they will send/will have sent a payment schedule - no doubt).

If paying by direct debit or bank transfer (recommended) - clearly mark on the transactions "CMS" or "child maintenance" or some such identifier.

The "trap" to avoid is to think you can ignore CMS, and keep paying ex the previous amount. What usually happens - in this case is the ex (RP) will report that you have either not paid, or not paid the CMS amount (which you say is larger than what you are paying via a family based agreement). The CMS will either declare that you have arrears - and may take other measures to recover payment - or declare that you have made NO payment (depends what Ex says and if you have proof you paid). If you genuinely think the CMS figure is incorrect, you can appeal - but continue to pay according to whatever schedule you have at the time.

The CMS can only claim arrears from the "Calculation Date" (this will be on your letter) - so the trap to avoid is to double pay and still be landed with arrears (arrears with CMS is a world of pain - and unlike the 'old days' ignoring them really does make it worse). The CMS will not be interested that you have paid/not paid before the "Calculation Date".

Lastly, it *is usually* better to go with a family based arrangement as involving CMS can be a pain. Also, it usually makes people hostile. That said, if your Ex is high conflict and continuously tries to emotionally blackmail you over finances - then actually having CMS involved can be a benefit.

The usual way out is to explain (informally) to Ex, that if you both have a *flexible* family based agreement - then you would be more than happy to vary the amount to help out for little extra's etc, As and when. When CMS is involved - their schedule is fixed and rigid - and because of the hostilities involved, parents are unlikely to take too kindly to being asked for extra money (rightly or wrongly - I make no judgement about this) over the CMS amount.

In short - parents face a trade off. Involve the CMS and both may get hostile, and usually the paying parent will only ever pay exactly the CMS amount and no more - or go with a family based agreement and keep things flexible. Again, I am not making a judgement about *if/what* a parent should financially contribute to the upkeep of their child - but I recognise no formula the CMS comes up with can ever be *fair* to all parties at all times. I also recognise we all have emotions that can influence how we behave towards others in times of stress!

It is worth mentioning that when the CMS is involved - and each parent is very cross with the other - there are "maintenance minimisation" tactics that are well-known that paying parents can and do use. It is important that all parties are aware of these things when CMS become involved.

Try to stick to family based agreement (as it is by far the best long term solution) - but you will need to offer something/negotiate/trade to get there.

hope helps