Help needed understanding CMO please

zoesmummy_2006

OK long story short I was stubborn (stupid!) And never applied for csa when my ex left 7 years ago. However last year I did, with his knowledge, via CMO. They were taking forever and messing up the claim by not taking into consideration the child he had after he left and awarded me all the money rather than divide it between 3.
Me him and the other mother (who he's also separated from now) came to an arrangement amongst ourselves. Not knowing how much he earned I just took it that he was being honest when he said the calculator said he should pay me £80 month for our 2 and the other last £40 month for their child. I was just happy to be getting something, even though it only covered the kids school dinners.
In March and April I started getting letters from CMO telling me they were reviewing the maintenence....and that from 19th April this year he should be paying £40.30 a month based on his weekly wage of £293. And that given the arrears the monthly amount I should be receiving on 1st of every month is £175! Well that's considerably more than I was told by him!
I contacted CMO when I got the letter and got told that no they hadn't included his other child still and that I wouldn't be getting that amount but it would still be more than I am getting and they would sort it and send me a revised letter. That never appeared so I contacted them again only to be told nope the amounts are correct, and that if he hadn't been making those payment's they could go after him for it. After I hung up I realised I hadn't asked if that took into consideration that he has a child with someone else so called back and went through it all again, only to be told that there is a separate claim on the system for his other child and that yes the amount on the letter is correct and would I like to go onto collect and pay? He missed a payment in April which he still hasn't paid hence them saying they would take it from his wages. I said I wanted to speak to him about it before making a decision.
Finally got chance to talk to him face to face last night and went through the letter with him. He says the amount it says he earns a week is wrong, that he can't afford to pay £40.30 a week like they're saying but that he is earning more now. I asked him about the missing payment from April again and got pretty much fobbed off again as he has no money, and if he was having to pay me £40.30 a week and his other child's mum more too he wouldn't be able to afford his other bills/rent/to go out.
I've just done the calculation myself based on him earning £293 and I'm getting that I should be getting around £117-127 a month for my 2, which is a big difference to the £175 the letters say. I'm beginning to think they haven't included his 3rd child despite them saying they have. So I have to ring them....yet again! Does anyone with more experience than me know if I'm working it out right???
Sorry for the long post and thank you to anyone who reads/replies!!

Guest101

zoesmummy_2006 wrote: »

OK long story short I was stubborn (stupid!) And never applied for csa when my ex left 7 years ago. However last year I did, with his knowledge, via CMO. They were taking forever and messing up the claim by not taking into consideration the child he had after he left and awarded me all the money rather than divide it between 3.
Me him and the other mother (who he's also separated from now) came to an arrangement amongst ourselves. Not knowing how much he earned I just took it that he was being honest when he said the calculator said he should pay me £80 month for our 2 and the other last £40 month for their child. I was just happy to be getting something, even though it only covered the kids school dinners.
In March and April I started getting letters from CMO telling me they were reviewing the maintenence....and that from 19th April this year he should be paying £40.30 a month based on his weekly wage of £293. And that given the arrears the monthly amount I should be receiving on 1st of every month is £175! Well that's considerably more than I was told by him!
I contacted CMO when I got the letter and got told that no they hadn't included his other child still and that I wouldn't be getting that amount but it would still be more than I am getting and they would sort it and send me a revised letter. That never appeared so I contacted them again only to be told nope the amounts are correct, and that if he hadn't been making those payment's they could go after him for it. After I hung up I realised I hadn't asked if that took into consideration that he has a child with someone else so called back and went through it all again, only to be told that there is a separate claim on the system for his other child and that yes the amount on the letter is correct and would I like to go onto collect and pay? He missed a payment in April which he still hasn't paid hence them saying they would take it from his wages. I said I wanted to speak to him about it before making a decision.
Finally got chance to talk to him face to face last night and went through the letter with him. He says the amount it says he earns a week is wrong, that he can't afford to pay £40.30 a week like they're saying but that he is earning more now. I asked him about the missing payment from April again and got pretty much fobbed off again as he has no money, and if he was having to pay me £40.30 a week and his other child's mum more too he wouldn't be able to afford his other bills/rent/to go out.
I've just done the calculation myself based on him earning £293 and I'm getting that I should be getting around £117-127 a month for my 2, which is a big difference to the £175 the letters say. I'm beginning to think they haven't included his 3rd child despite them saying they have. So I have to ring them....yet again! Does anyone with more experience than me know if I'm working it out right???
Sorry for the long post and thank you to anyone who reads/replies!!

Here we go:


Ok

Assuming he earns £15,236 and has 3 children, who will stay with you 0 times per week, he would pay £55.67 per week.

He would fall into the basic rate.

which is:

19% of the first £800 weekly income

£55.67 basic per week for all children.


It gets tricky when calculating the reduction for time the child stays over. (which is why it is expected that the receiving parent should cover day to day costs)

1-2 nights a week, reduce by 1/7th
2-3 nights a week, reduce by 2/7ths
3-4 nights a week, reduce by 3/7ths
Over 175 nights in a years, reduce by 50% + £7.



Your situation is compounded that no all children are yours. and he is separated twice.




The most common way to work this out, without CMS, would be: 55.67 *52 /12 = £241.24 per month. = £80.41 per child


so £160.82 to you
and £80.41 to his other ex.


I'm slightly unclear how the CMS divide up the maintenance in you scenario, but I hope that helps

zoesmummy_2006

Thankyou for that-I totally forgot to add that he has the 4 nights a month, 2 nights every other weekend.

zoesmummy_2006

Thankyou guest101, that gives me something to go to him with.
With me looking at child maintenence calculator and doing it as if it were him, putting in £293 week, 3 children he has 1-2 nights a week and no other children in his household (yet!!) It comes out at £48 per week, so divided by the 3 kids I'd get £32 per week. Thats £12 more a week, £48 more a month total......I don't see him agreeing to it tbh.