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HI ALL
I AM DIVORCED NOW HAVING SPLIT FROM MY EX WIFE ABOUT 6 YEARS AGO WE HAD 3 KIDS TOGETHER.I HAVE PAID MAINTENANCE MONEY FROM DAY ONE ,WE HAVE A VERBAL AGREEMENT AND I PAY £300 IN TO HER ACCOUNT EVERY 4 WEEKS(13 TIMES A YEAR).MY DAUGHTER HAS RECENTLY TURNED 18 AND IS OFF TO UNIVERSITY WHERE SHE IS GOING TO STAY......MY DAUGHTER HAS GOT A GRANT TO PAY FOR HER ACCOMODATION WHEN SHES AT UNIVERSITY....I AM MORE THAN WILLING TO KEEP PAYING MAINTENANCE AT THE SAME RATE (£300 PER 4 WEEKS)BUT I WOULD STRUGGLE TO PAY ANYMORE)...THE WAY I SEE IT I SHOULD BE ABLE TO GIVE MY DAUGHTER £100 EVERY 4 WEEKS AND MY EX WIFE £200 AS MY DAUGHTER WONT BE LIVING WITH HER ANYMORE WHILE SHE IS AT UNIVERSITY.....SOMETHING TELLS ME IT WONT BE AS STRAIGHT FORWARD AS THIS THOUGH....I WANT TO DO THE RIGHT THING BUT ON THE OTHER HAND I DONT WANT TO GIVE MY DAUGHTER THEMONEY THEN MY EX WIFE SAY THAT I AM UNDERPAYING HER(THE RATE FOR 2 KIDS ONLY IS £260 PER 4 WEEKS)....HAS ANYONE BEEN IN THIS SITUATION BEFORE AND COULD YOU GIVE ME ANY ADVICE ON WHAT IS THE CORRECT PROCEDURE?
KIND REGARDS
GREATSPARK
Hi there
Have you checked with the CMS calculator to get an estimate of the amount you are required to pay for two children? Here's a link
www.gov.uk/calculate-your-child-maintenance
If you were paying via the CMS the payments for your child that has started University would have stopped in the first week of September. University is considered as advanced education.
As you have an informal arrangement with your ex you have the option of trying to renegotiate the amount you pay, if she is not happy with the amount you want to pay she could open a claim with the CMS, in which case you would need to pay the amount they calculated, which is generally 16% of gross income for two children.They do make certain reductions of the calculated amount, for instance if you pay into a pension, or if your children stay overnight with you.
If you use the CMS calculator to do a calculation, this might give you a basis to negotiate with your ex, if she wants more than the calculated amount you are also permitted to open a claim with the CMS. The calculated amount is all you are required to pay, any extras such as school uniform, activities, etc are purely discretionary.
Best of luck with it.
The best option, if it's feasible, is to agree this with your ex. Bear in mind also, that your daughter will presumably go home during holidays, so your ex will have all costs again for perhaps 20 weeks out of the year, so if you pro-rata it, then paying your ex £260 per 4 weeks, and £40 to your daughter won't be too far off a reasonable figure.
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