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  • FIRST POST
    • NTW2
    • By NTW2 26th Sep 17, 1:13 PM
    • 3Posts
    • 1Thanks
    NTW2
    Extra costs claimed
    • #1
    • 26th Sep 17, 1:13 PM
    Extra costs claimed 26th Sep 17 at 1:13 PM
    So my husband is a fantastic dad. He pays a huge amount of child support for his four kids and sees them every other weekend when they stay with us. He also pays towards school trips etc. His eldest daughter is 17 years old, and has disowned him for various reasons and has refused to visit for the last four months. The ex demands his presence when the oldest one is kicking off and causing trouble and he always goes to help. The ex has now sent a letter demanding extra child support for this 17 year old because she doesn't stay with us anymore. It's also got to be backdated to when she first refused to come and stay. My husband is still trying to cope with all the stress but to have this on top is the last straw. The girl made her own decision not to come anymore. Her dad didn't. She is always welcome at our house. Legally, should he be made to pay extra?
Page 1
    • Topcat1982
    • By Topcat1982 26th Sep 17, 1:59 PM
    • 349 Posts
    • 384 Thanks
    Topcat1982
    • #2
    • 26th Sep 17, 1:59 PM
    • #2
    • 26th Sep 17, 1:59 PM
    You don't say if this is a private arrangement or you go through the CMS?
    • NTW2
    • By NTW2 26th Sep 17, 2:01 PM
    • 3 Posts
    • 1 Thanks
    NTW2
    • #3
    • 26th Sep 17, 2:01 PM
    • #3
    • 26th Sep 17, 2:01 PM
    Through the courts.
    • NTW2
    • By NTW2 26th Sep 17, 2:45 PM
    • 3 Posts
    • 1 Thanks
    NTW2
    • #4
    • 26th Sep 17, 2:45 PM
    • #4
    • 26th Sep 17, 2:45 PM
    Apologies - it was agreed through each other's solicitors. It didn't get as far as court.
    • jimd-f
    • By jimd-f 26th Sep 17, 6:30 PM
    • 127 Posts
    • 50 Thanks
    jimd-f
    • #5
    • 26th Sep 17, 6:30 PM
    • #5
    • 26th Sep 17, 6:30 PM
    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
    • 13Kent
    • By 13Kent 26th Sep 17, 8:04 PM
    • 1,014 Posts
    • 3,958 Thanks
    13Kent
    • #6
    • 26th Sep 17, 8:04 PM
    • #6
    • 26th Sep 17, 8:04 PM
    Yes, but he's not obliged to pay anything extra such as towards school trips, so if he is unhappy about the increase then he can just pay the required amount and not pay for any extras.

    • Sambella
    • By Sambella 27th Sep 17, 3:31 PM
    • 343 Posts
    • 321 Thanks
    Sambella
    • #7
    • 27th Sep 17, 3:31 PM
    • #7
    • 27th Sep 17, 3:31 PM
    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
    • Comms69
    • By Comms69 27th Sep 17, 3:49 PM
    • 447 Posts
    • 310 Thanks
    Comms69
    • #8
    • 27th Sep 17, 3:49 PM
    • #8
    • 27th Sep 17, 3:49 PM
    I believe CMS is capped at 3 children, so there is neither extra nor discount due for the 4th.
    • newbutold
    • By newbutold 2nd Oct 17, 4:27 PM
    • 658 Posts
    • 1,047 Thanks
    newbutold
    • #9
    • 2nd Oct 17, 4:27 PM
    • #9
    • 2nd Oct 17, 4:27 PM
    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.
    Last edited by newbutold; 02-10-2017 at 6:04 PM.
    If my posts have random wrong words, please blame the damn autocorrect not me
    • clearingout
    • By clearingout 3rd Oct 17, 1:26 PM
    • 3,142 Posts
    • 6,375 Thanks
    clearingout
    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.
    • MataNui
    • By MataNui 3rd Oct 17, 2:47 PM
    • 818 Posts
    • 415 Thanks
    MataNui
    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.
    Originally posted by clearingout
    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.
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