Child Maintenance Service calculation

MeatBalls_2

Does anyone know how an existing private maintenance agreement will affect the calculation done by the child maintenance service?

A parent with care has applied to the CMS for maintenance direct due to non payment, but the non resident parent is paying another parent with care maintenance through a private agreement. Will this be taken into account for the calculation through CMS?

Thanks for any help.

HappyMJ

MeatBalls wrote: »

Does anyone know how an existing private maintenance agreement will affect the calculation done by the child maintenance service?

A parent with care has applied to the CMS for maintenance direct due to non payment, but the non resident parent is paying another parent with care maintenance through a private agreement. Will this be taken into account for the calculation through CMS?

Thanks for any help.

Yes. The payment due will be based on how many children the paying parent has to to pay for in total then split based on the number of children in the other parents care. Then the payment is reduced by the number of nights the paying parent has the children in their care.

MeatBalls_2

Sorry Happy, I'm a little confused. Will the parent with care with the existing private agreement be forced to go through CMS too?

The parent with care applying to the CMS is only applying for 2 children. Will the CMS automatically work out maintenance for all of the non resident parents non resident children without even being asked to?

MeatBalls_2

Or do you just mean they will take into account all of his non resident children if he declares them all and then pay the parent with care who applied, the correct amount for their children only?

Pups

MeatBalls wrote: »

Does anyone know how an existing private maintenance agreement will affect the calculation done by the child maintenance service?

A parent with care has applied to the CMS for maintenance direct due to non payment, but the non resident parent is paying another parent with care maintenance through a private agreement. Will this be taken into account for the calculation through CMS?

Thanks for any help.

Hi Meatballs,

1) The assessment will be made for the child, where the PWC has made new request to CMS.

2) The CMS have to take into consideration all children being supported in order to make a fair MA to the child in question.

3) The NRP needs to be able to provide documentary evidence of the existing private support arrangement.

4) Then the CMS will have to make what they call a manual clerical assessment. Would suggest the NRP discusses this up front with the CMS so they can direct the case to the correct assessment team & not drag out the process which will result in accrued arrears.

I speak with 1st hand experience - 2 children from 1st marriage supported thru court order (now grown up, graduated from Uni, left home & both working) - 1 child from a later relationship after divorce. Took 3 years for CSA to admit their MA calculations were incorrect as they were not making a clerical assessment & Court Order wasn't being considered.