Child support payments/number of nights

Bea2017

Hi,
My husband is paying regular support payments and has done for three years. When they divorced he agreed £650 per month for the two children as at that time, because of work schedule he would not be able to have the children stay often and so this was calculated on the 1-2 nights per week rate even though they did increase the number of nights after one year to 2-3 nights, He never reduced his payments. In addition to this he also contributed £247 per month Salary Sacrifice for pre school and after school care. This was set out on the Consent Order too.
His ex wife works full time and their salaries are comparable too. She has since bought a house with her new partner.
After 18 months my husbands work schedule has changed, has bought a house and now has the children 7 days on - 7 days off and any additional "extra nights" as requested.
We even more often than not, buy their clothes for when the children are here as it is easier and a much quicker option that having to wait for clothes to be dropped off and returned (this each week means they children are basically living out of a suitcase). Everything at our home here we purchase additionally and do not get anything back from the ex wife. We know he has a duty to provide here for them but the amount going from this household added to what she receives is astronomical.

A request has now been made with her that we lower the monthly payment to her in line with that on the Government calculator but she refuses to do this.

Does anyone have any idea where we may stand on this please.

Thanks in advance and much appreciated

B

nannytone_2

tell her that you are lowering the child support payments, and of she is unhappy about that she can go through the CMS

Bea2017

Thank you for that. Once when trying to renegotiate times etc she assured him this would have an effect on the children and he would have to suffer the consequences of this if he did not agree with her and it went to court. We calculate that with the mount already being paid to her and then add her contribution to that we could say it costs approx £16k per annum to provide for them especially as everything else was a clean break and no spousal support is given. She argues she has to pay for their annual holiday as too does their Father.
Thank you again

B

Sambella

You might be interested in this recent ruling by an upper tribunal.

http://www.bailii.org/uk/cases/UKUT/AAC/2017/296.pdf

Basically if day to day care is shared your husband is not an NRP where the CMS is concerned.

Holidays are paid by whomever is the one taking them on holiday unless a court has said otherwise.

12 months on from a court order he has the right to go to the CMS.

Bea2017

Sambella, thank you for this. I will print from the link you have sent and digest this.

I appreciate the time you have taken to respond and advise.

Thank you again

B