[Solved] Child support

Advice please.

Good morning,

Here is a link to the CMS calculator that one of the moderators posted a few days ago:

http://www.gov.uk/calculate-your-child-maintenance

Basically CMS will take 12% of your gross earnings (there are a few clauses). Assuming the children reside with their mother all the time that is deemed to be your contribution towards their care. CMS will not take any notice of any other contributions you make.

The other stuff if up to you and your ex-wife (mortgage, car loan, access to your current account &c). From a personal point of view (and don't take this as an offence, I'm sure it will be the common view) you are being pretty daft in allowing your ex-wife access to your current account. You should stop that straight away (open a new account if need be). If the account is only in your name, and you have not told your ex-wife she may help herself then what she has done is theft and you could report it to the police (although if you have left her one of your cheque books it might be a really hard job to get the constable to take you seriously).

I'd suggest (but it is up to you) that you come to an agreement about the mortgage and car loan.

Most of this is pretty obvious, but if I were you I'd get on with sorting it out pretty smartly, otherwise you will end up living under the railway arches and eating cold toast.

Good fortune,

O

Thanks. I've been had ! Just boils down to greed.

Yes, but that is not rare.
You should get on and sort this business out (today!).
O

Here's a link to the CMS guidelines which explains things in more depth. The CMS actually take 16% of gross income when there are two children and not 12% as Othen stated...12% would be for one child only.

http://www.gov.uk/government/uploads/system/uploads/attachment_data/file/85746/how-we-work-out-child-maintenance.pdf

If you are paying the mortgage then the CMS should take this into account, as well as any debts that were incurred whilst you were still together. She had as much right to any money in the joint bank account as you, regardless of the morality of it! As Othen advises, I would close that loophole asap.

Hi

If this is a new CMS case under the most recent rules...

Regarding the mortgage, and car finance these can be taken into account by the CMS using what they call "variations". This means a bog-standard calculation is done, and then as soon as you can (i.e. same day) you put in writing that you wish to apply for a variation taking into account

1. mortgage
2. car finance

But as Othen says, it is likely you will get more "relief" by coming to an arrangement about these with you ex.

That said, there are rules as to what things can be taken into account:
https://www.citizensadvice.org.uk/relationships/children-and-young-people/child-maintenance/child-maintenance-2012-scheme/child-maintenance-reviews-and-appeals/the-2012-child-maintenance-scheme-grounds-for-a-variation/

For instance, if you moved out of the marital home, and continue to pay the mortgage and your ex and kids still live there and *you retain no interest in the property*, then this would likely to taken into account to reduce your maintenance. Similarly - for the car, if this was arranged before you separated.

If, on the other hand, these are "arrears" from an old CSA case, then the rules may be different.

Of course, I do not have access to all of your details and circumstance - so rather than water-tight legal advice - this is something to bear in mind when you speak to CMS (which should be soon, as you only have a certain window to make appeals for variations). You should speak to the call handler and ask them to clarify under which rules your CSA/CMS case has been opened (if you do not know) - and ask them (or look up) what grounds for variations can be considered (such as prior debts and mortgages).

hope that helps

TashasHideousLaugh said....

For instance, if you moved out of the marital home, and continue to pay the mortgage and your ex and kids still live there and *you retain no interest in the property*, then this would likely to taken into account to reduce your maintenance. Similarly - for the car, if this was arranged before you separated.

That's correct, have a read through the link I provided and you will find information about this.

I got the impression from your original post that your ex has only recently opened the case with the CMS in which case the above link applies. If however your case with the CMS was initiated before December 2012, then until your case is moved over to the new scheme, the old CSA rules would still apply.

I'm so pleased to be wrong about this one 2peasinapod. Mojo knows a great deal more than do I.
Good fortune,
O

That's not true Othen...you contribute a great deal and have as much to offer as any one of us. 🙂

I was being absolutely sincere Mojo, I'm delighted that I got it wrong so that 2peasinapod will be able to get some recognition for the mortgage and car loan contributions he continues to make. It is good that this site has experts like you around rather than just well meaning but not knowledgeable dads like me.
Best wishes,
O

Thanks guys for all advice. Much appreciated ;;)