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I'm going through an acrimonious divorce and would appreciate some advice.
I earn £76K and my STBX refuses to work. We share care of the children and have a child arrangements order for 50/50 shared care.
Even though I'm supporting the children 50% of the time, my STBX has asked for £1000 per month in maintenance (25% if my salary). She is aware that spousal maintenance would be deducted from her universal credit so has asked that I label this as voluntary child maintenance. This is essentially playing the system!
I've been advised that the child maintenance parts of a consent order can be overridden if I do a CMS assessment after 13 months. Is there any benefit to getting a CMS assessment done now so when the finances are finalised, the child maintenance parts have already been with?
My proposal is that we both pay for any costs associated with our 50% care and split all shared costs such as school costs, uniforms, university fees etc.
Any advice?
I would personally recommend that you open a case with CMS now (costs £20) - once that is done, the courts generally accept that and don't make an order for that - if you have a CAO for 50/50 care, then with any luck, you will be assessed as having to pay nothing at all. You could then offer to pay for activities, clothes for your children (but pay directly for them, not giving money to your ex). Depending on the ages of your children, if they are old enough for school, the courts do generally expect her to look for work, so she can't expect you to just pay for her to sit around doing nothing.
I would suggest that you do get some professional legal advice - I think with the sums involved, it would be well worth it. And if you do pay spousal maintenance, I would pay it as that, not as child maintenance, I don't see why you should be involved in defrauding the system, which is what she is asking you to do.
Hi
Re the point of paying spousal maintenance as child maintenance, in my opinion dont do this.
It is fraudulent and now that she has asked you to do this and explained why, if you go ahead then should the DWP ever investigate (she could have a bad break up with a new partner who reports her, it happens) then it could be argued that you were complicit in the fraud and be prosecuted too..
My understanding is the same as actd re CMS, if you get yourself assessed now then you could say to the court that the current calculation is nil at the moment (based on 50:50) and that is what would be added to the order for the next 13 months before it reverts to being managed by the CMS.
Also re shared costs, some things to note...
Uniforms - keep your own set, if you pay cash to ex then no guarantee it will go into unifork and then you will be forced to buy them anyway.
After school clubs etc - try to split the costs but also split when they attend so if attending 2 clubs, one is during exes time and one during yours.
Take a similar approach where possible on other costs.
All the best,
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