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I split from my ex wife 10 years ago and have a verbal agreement that I have the children (twins) Friday- Sunday every other weekend. I also have them extra nights during summer holidays.
Recently my ex wife has had a 3 bedroom extension and is now engaged to be married. She has suddenly started asking me for more money. I believe this to be because she needs more money to pay for her extension and her wedding!
I've upped the payments to £350pm from £300 but she still wants me to pay half for all school equipment as they are going into secondary school. She also wants me to pay for half the school trips and ad-hoc extras throughout the year. I've said no. She now says she will go through CMS who will want £400pm.
She is calculating my nights as 0-52 which means I pay more when actually I have them 52-103. I texted her to say she can't lie and her reply was. And I quote...
"I won’t lie about anything I’ll just make sure you don’t have them for more than 52 nights per year. I told you I can play the game too."
As I have this text as evidence, does anyone know of I can take her to court or supply this as evidence to CMS? I'm happy to pay what I owe but not from false information which means I overpay.
hi bman,
i don't think CMS will be interested in the emails or messages between you and the ex. your ex is definitely taking the mick now. When I rang CMS about overnight stays/reductions, they asked me if I have a court order stating how many days the kids are with me. so i sent it to them and they will re-calculate my payments.
use this CMS calculator to work out what you should be paying:
https://www.gov.uk/calculate-your-child-maintenance
if you dont want to go through the hassle of getting a court order, then you should ring CMS yourself, and just pay £20 fee to register with them, like i did. and whatever CMS tell you to pay, you pay that, and yo dont have to worry about making an extra payments to the ex.
in this situation you are better off getting a court order, for the long term. then that way you have solid proof that kids stay with 52+ nights a year and ex can not mess you about.
Thanks Bill,
I'm going to take your advice and register with CMS.
I'm sick of her trying to get more money from me at least this way she can't keep hassling me. Also means I can say 52-103 days and it's up to her to prove otherwise. I can then get a court order and think the court will be more interested in the text she sent threatening to drop my access in order to get more money!
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