Ex Wife Has Gone To CMS

So my ex wife and I have had an agreement on maintenance based on me earning £50k as I had in previous jobs pre covid. Basically me having the kids less than 104 nights gave her £652 and more than 104 was £573. We agreed I’d give her £600pm. On top of this I pay mobile phones, iPads, Xbox live, buy the kids clothes and also give them money for activities with friends etc (so far this year I’ve given them over £600). 

During covid my income dropped to below £30k but I still paid her £600 as agreed. Now I’m self employed and have been for the last year. Business has been ok, full of ups and downs obviously and from January to March this year it had been great but the last month has been horrendous. 

Today she’s told me that she thinks I’m earning more so she’s gone to CMS (This stems from a recent disagreement we’ve had about childcare). Now I’m due to pay her £600 tomorrow. Do I still pay? My gross income last year is circa £35k before allowable expenses so I estimate it will actually be around £28k. I’ll have to get an accountant to look at it for me now given the CMS situation. 

Should I pay her £600 tomorrow or wait for CMS? My cousin who’s been in a similar situation advises that I put the £600 into a separate bank account and leave it untouched until CMS tell me what to pay and to them transfer that amount to her directly. 

Comments

  • KxMx
    KxMx Posts: 10,535
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    Pay as normal until you hear otherwise.
    Be the bigger person especially when it comes to providing for your children. 
  • MalMonroe
    MalMonroe Posts: 5,783
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    As per your post on the other thread - pay your ex as much as you can and don't withhold any payments. The money is not for your ex, it's for the five children she has been left to raise on her own. She deserves every penny, and more.

    Ignore your cousin, this is your party.  Everyone's situation is different. But your ex will be struggling now. As KxMx says above, pay as normal and please do try to be the bigger person and don't deny your children what they deserve. They don't see their dad as often now and believe me, that has a long-lasting impact on children.   
    Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.
  • RAS
    RAS Posts: 32,436
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    I understand that some people have strong personal views on this matter.

    I also understand that previously some parents found that when they paid informally agreed maintenance after the PWC raised a formal claim, the NRP was then told to pay the arrears due between the date of the claim and formal demand for payment, even though they'd kept up with the informal payments meantime. "Voluntary payments" didn't count so had to pay twice.

    This may have been under the old system, so I'd suggest contacting CMS and clarifying the situation "in writing" that any voluntary payments made will be deducted from any arrears that accrue between the date of the claim and the first demand. And making sure that any payments you do make are clearly labelled as being maintenance in lieu of CMS payment.



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