Extra costs claimed

so any change in terms would need to be agreed through the solicitors.
under CMS rules there is a reduction in maintenance if a child spends the equivalent of 1 night per week with the paying parent of 1/7th of the amount due for that child. backdating would only apply back to the date they were told, not the date it happened.
looks like a small increase in payments would be appropriate

What you would have via the solicitors would be a kind of family based agreement.

As it is by agreement there are no hard and fast rules around the number of nights etc unlike with the CMS and your husband has to agree. If he doesn’t then the agreement either remains as it is, is renegotiated or it ends.

Either of the parents could go to the CMS for a £20 fee for them to work it out.

There’s a calculator for CMS payments but it doesn’t break things down into 3 kids staying 2 nights and one not staying at all. Nor does it calculate any benefits in kind your husband might get.

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

It's very costly to take someone back to court re child support and I believe that the court points child maintenance claims in the direction of the CMS for them to sort out.

Therefore I would workout what you should be paying on the CMS calculator, based on the 17 year not coming and go from there. My partners eldest refuses to come even though he is more than welcome, the CSA/CMS have removed the overnight reduction for him as they say he has to actual come overnight for us to receive.

If the CMS calculator comes out lower than what you are paying now, you could reduce payments to that or at least use it to show the ex wife that what you are currently paying her is more than fair.

clearingout wrote: »

There would be an increase in maintenance if with the CMS in the circumstances you describe, yes. So legally, yes, he is could be obliged to pay.

You dont know that. You cant even guess at it. Court (or even solicitor negotiated) settlements after a divorce tend to be largely in favor of the PWC so he is already likely paying more than a CMS assessment anyway. Added to that the PWC in this case is demanding sums on top for extras and one child not staying for whatever day or so every blue moon wont make any noticeable difference to the calculation anyway.

Legally NO. He wont be obliged to pay. The court wont be interested in this. They only deal with settlements as part of a divorce and even in those cases either party can go to CSA/CMS after a period of time and that will override the original court settlement. The best advise is still to use the CMS calculator to see what he legally needs to pay. If its more then try to come to some agreement (which would mean paying more), if its less tell the ex to !!!! off and open a case with CMS directly before the ex starts getting solicitors to send !!!!!!!! lies and threats letters. CMS wont backdate it to when the 17yo stopped staying. They wont backdate anything.