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For nearly 3 years I have been paying maintenance for firstly 2 then 1 child because my partner refuses to let them spend more than 5 days a fortnight with me and those days have to be the full weekends. This has cost thousand of pounds even though she is in the house paying a mortgage that is literally half my rent and earns 20% more than me. Is there any way I can challenge this other than in court as I don't want to drag my son into that and he is too frightened to challenge his mother?
Hi there
I’m not sure what you’re asking advice on... you’re paying child maintenace for 1 child that you have for 5 nights every fortnight, which are full weekends? That would mean you have the child every weekend?
The income of the parent that the child lives with isn’t taken into account when the CMS makes the calculation, neither are the living expenses of the non resident parent, unfortunately.
The calculation is made purely on the gross income of the non resident parent, which is 12% for one child, less a reduction if the child stays overnight, or if the paying parent pays into a pension.
If you have a private arrangement with the mother, you can try to renegotiate the amount you pay, but if you pay via the CMS, the amount they arrive at is the amount you must pay.
All the best
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