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Child Maintenance Query

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hari1979hari1979 Forumite
1 posts
MoneySaving Newbie
Hi
I was hoping if somebody can help me please as I am really desperate and struggling financially and having to rely on parents for money.
I am currently paying my ex husband child support even though he is on a considerably higher salary. After taking him to court earlier this year to agree a more sensible child arrangement agreement we have agreed to a 50/50 shared care arrangement. So, a week on week off. Our 2nd court hearing was meant to have taken place on the 6th May but due to the pandemic has been postponed. Since the schools closed the week on week off arrangement has taken effect but I am still paying £288 a month. I am am also receiving child benefit for one child ( I have 2 with my ex). I've tried to contact CMS via phone and online to notify them of the increase in number of nights which should see my payments reduce or due to 50/50 should actually stop. My ex won't close the case down until we receive a final court order which could take a while due to a back log in cases. Meanwhile I am loosing money. I am upset and angry at the way the CMS operates it is not fair in individual cases such as mine. The receiving parents income should be taken in to consideration when payments are calculated and he should notify CMS with the change in circumstances.  CMS won't respond at the moment due to lack of resource available due to the COVID-19 situation. So, is there anything I can do, legally...Something as it's an injustice that my ex is getting money and I get nothing yet we share child care 50/50?
I have sent evidence to CMS of his agreement in writing and the relevant court papers. 
Also, on a 50/50 shared care agreement how do you determine a primary carer (I was told it's the parent that receives the child benefit) by CMS last year which I do receive. 
Many thanks.

Replies

  • Comms69Comms69 Forumite
    13K posts
    10,000 Posts Third Anniversary Name Dropper
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    I'm sorry but you're wrong about income being taken into account. 

    But yes there is mandatory reconsideration. You have 2 children? Both 50/50, both get child benefit for one? It seems like this will be amended - and overpayments would then be returned.
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