Child Maintenance Payments Advice

Accountant_Kerry

lala9 wrote: »

Can I also ask what implications does a pension have on this situation?

If you use the CMS calculator it (and the CMS) uses income after pension contributions to calculate maintenance

thorsoak

Comms69 wrote: »

Maintenance (assuming no pension and middle value salary of 65k) should be 596.12 a month.


In all likelihood there is a pension, so it will be less.


Here's the main issue. You're looking at 6 months of payments - unless I've misunderstood your dates. In total that's Just over £1k.


I think he should definitely pay for his kids, and he's had it easy. But for the sake of a grand is it worth it now?


If you think so, I think you should simply send him a copy of the calculation and ask him to check it. I think there is a pressing issue in that maintenance will stop at some point, can your household survive that?

Is that figure for two children, or for each child? I'm asking because a friend's daughter is being pressed by her ex to accept less than this for twin boys when the father is on a similar salary ...on condition that she doesn't go for his pension. Alarm bells starting to ring.

tiredmummyofboys

Going by experience, dad is only required to pay until the child/ren leave school (18). Any financial contribution after this time should be made directly to the child/ren. Dad is under no obligation to give ££ towards children after this time.

Accountant_Kerry

thorsoak wrote: »

Is that figure for two children, or for each child? I'm asking because a friend's daughter is being pressed by her ex to accept less than this for twin boys when the father is on a similar salary ...on condition that she doesn't go for his pension. Alarm bells starting to ring.

He can't barter child maintenance with Pension or anythign else despite what he thinks, any consent order agreed for child maintenance only lasts a year anyway before it can be challenged.

Comms69

thorsoak wrote: »

Is that figure for two children, or for each child? I'm asking because a friend's daughter is being pressed by her ex to accept less than this for twin boys when the father is on a similar salary ...on condition that she doesn't go for his pension. Alarm bells starting to ring.

Both, but if they're married the divorce will deal with the pension (amongst other assets)

Comms69

lala9 wrote: »

6 months? I'm looking for payments to continue until they have completed college which is June 2021. I'm not looking for back payment either. No pressing issue of our household dealing with the maintenance stopping and us struggling, we don't struggle now, both professionals with decent salaries, just looking for what is fair and not footing what is essentially HIS bill.

You cant back claim anyway, so that's by the by. As for continuing until 2021, I'm not sure. In anycase just claim via CMS if he doesn't pay up

lala9

tiredmummyofboys wrote: »

Going by experience, dad is only required to pay until the child/ren leave school (18). Any financial contribution after this time should be made directly to the child/ren. Dad is under no obligation to give ££ towards children after this time.

surely this can't be correct, as they will remain in full time education until they finish their respective courses in June 2021. Can someone please confirm for me, is the dad obliged to pay for them until this point in time.


I've still not sent this email, putting it off and off and off as worried about the backlash, he begrudges paying the current amount, and constantly pleads poverty when the children are with him constantly trying to encourage the boys to leave college and pursue an apprenticeship, hmm I wonder why that would be??

74jax

lala9 wrote: »

surely this can't be correct, as they will remain in full time education until they finish their respective courses in June 2021. Can someone please confirm for me, is the dad obliged to pay for them until this point in time.


I've still not sent this email, putting it off and off and off as worried about the backlash, he begrudges paying the current amount, and constantly pleads poverty when the children are with him constantly trying to encourage the boys to leave college and pursue an apprenticeship, hmm I wonder why that would be??

If they do an apprenticeship, he still has to pay for them, he'll get a shock if he thinks he doesn't.

74jax

tiredmummyofboys wrote: »

Going by experience, dad is only required to pay until the child/ren leave school (18). Any financial contribution after this time should be made directly to the child/ren. Dad is under no obligation to give ££ towards children after this time.

The rules may have changed then as this is not the case now. (as long as they are only in education up to A level / apprenticeship)

ZaSa1418

If they went into a paid apprenticeship then the OP would no longer be able to claim child benefit and therefore maintenance would stop (unless this has changed in the last 18mths or so)
Op look at gov.uk at the child benefit pages and that will answer, basically as long as you are in receipt of that you are entitled to maintenance payments.