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Child Maintenance advice
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I got stung through something similar. The CMS don't care about you or anything you claim, they will go by what your partner says, regardless of common sense. As people have advised make sure you cover yourself by adding Child Maintenance as a reference to payments made by standing order, and always do it through your bank so you have proof of payment.
If you are paying willingly and the CMS don't have to arrest income etc then you will not incur those extra charges regardless of what your ex says. It doesn't matter if she agrees with the calculation.0 -
Hi guys looking for some advice. My ex and I separated last year and things for the most part are amicable enough, although there have been occasions when I have been met with resistance, normally when I don't just agree to something without putting my point across. When we first split I moved in with a relative and continued to pay half the bills into the household as well as associated child costs estimated by her total £520 which she also pays into joint account as she lives in the house with my son. My ex asked that if I was happy to do that while our fixed rate term matured we'd split house proceeds 50/50. Due to us both working shifts I have my son (almost 3) 3/4 nights some weeks and some weeks only 1 but the average is 2/3. We had discussed maintenance payments and both pay the max £243 out of our salaries in the form of childcare vouchers. While we were together she reduced her hours to 34 per week to save additional days of childcare (currently 3 per week) with me paying 57.5% excess nursery fees to her 42.5% based on hours we work. Up until now I was happy with that arrangement although last November she got a solicitor involved who said she should go for 70% equity on the home as a resident parent. My solicitor is not happy with this amount split and suggested that as I had been paying the £520 a month, £170 per month more than mortgage and rates into joint account as well as childcare on top that I am more than reasonable and should ask for the 50% split. Going forward my ex and I agreed to use CMS calculator for maintenance which works out around £253 per month after deduction for my no of nights. I did state that my end objective based on job role and shifts would be to split parenting 50/50 and she stated she wasn't happy with this as she wouldn't see him enough and I'd have to go to court for it. Later I told my ex we would need to look at the % split in childcare fees as at 57.5%, having working 6 hours per week more than her and having paid CMS, I would actually have £50 per month less than her before I had looked at any bills of my own. At this suggestion she more or less threatened to up her hours to 40 a week and stated this would require him to be in childcare more, which would cost us both more money. Would I be right in saying that ANY money I pay towards childcare is over and above what's legally enforceable and while I acknowledge that he is my son that 50% paid towards that childcare is more than fair considering she is in receipt of the child benefit and works less than me. I don't want to be unreasonable but equally want to know where I stand. Were she to increase her hours shouldn't the additional cost of childcare be solely on her? I should point that even on 34 hours she isn't entitled to any tax credits or similar as her salary is >£30k. If we weren't to agree I know what the maximum CMS judgement would be (350ish a month). This would obviously be based on me not having him at all and I would be under no obligation to pay childcare. How do I communicate this with her without being unreasonable or walked over myself???
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