CMS Calculation

Heavenly

Looking for some advice on CM payments as we've shared responsibility so far but the arrangement is changing.

I will be looking after our son 5 nights while he has him 2 nights. I've calculated (based on ex's income of around 5 years ago) that he should be paying around £40 a week - I'm pretty confident this would be higher if we actually went through CMS based on current earnings. The issue is he doesn't think he should be paying any more than £25 a week and is demanding to know how CMS work payments out.

Due to our history he has me questioning if am I justified asking for £40 a week or if £25 is reasonable? I've made a lot of sacrifices over the last 2 years and this is me standing up for myself. I'm not profiting from whatever he pays - it's all going towards our son's upbringing. I just can't keep draining my savings so that he can maintain his lifestyle.

Should I ask him to pay the £40 and go through CMS if he refuses?

Huxley71

@Heavenly

Have you had a look at the CMS online calculator? If you input your details it'll give you a figure of how much he should be paying in maintenance. You can also access their guide to exactly how maintenance payments are calculated online, it's called "How we work out Child Maintenance"

Hope this helps

tightauldgit

Heavenly said:

Looking for some advice on CM payments as we've shared responsibility so far but the arrangement is changing.

I will be looking after our son 5 nights while he has him 2 nights. I've calculated (based on ex's income of around 5 years ago) that he should be paying around £40 a week - I'm pretty confident this would be higher if we actually went through CMS based on current earnings. The issue is he doesn't think he should be paying any more than £25 a week and is demanding to know how CMS work payments out.

Due to our history he has me questioning if am I justified asking for £40 a week or if £25 is reasonable? I've made a lot of sacrifices over the last 2 years and this is me standing up for myself. I'm not profiting from whatever he pays - it's all going towards our son's upbringing. I just can't keep draining my savings so that he can maintain his lifestyle.

Should I ask him to pay the £40 and go through CMS if he refuses?

Just go through CMS anyway and then you'll be fairly confident he is paying what he is due to pay. Why would you not? 

WYSPECIAL

Will he just be paying CMS or will he pay for other things like clothes, school uniform, school trips etc?
If he does the bear in mind that all those extras could dry up and all you’ll get is the £40 per week.
If you can come to a reasonable private agreement do it. You can always go to the CMS as a last resort but once you do there’ll probably be no going back.

ZaSa1418

Send him a link to the calculator and that should tell him how they work it out. 

tightauldgit

WYSPECIAL said:

Will he just be paying CMS or will he pay for other things like clothes, school uniform, school trips etc?
If he does the bear in mind that all those extras could dry up and all you’ll get is the £40 per week.
If you can come to a reasonable private agreement do it. You can always go to the CMS as a last resort but once you do there’ll probably be no going back.

All those extras can dry up just as fast with a private agreement - bear in mind that he is responsible for clothes, school uniform, trips etc on the days that he has the child in his care.

Personally wouldn't be accepting whatever the other party thinks is 'reasonable' in a private agreement based on no disclosure of their earnings and what they 'think' they 'should' be paying.  

WYSPECIAL

tightauldgit said:

WYSPECIAL said:

Will he just be paying CMS or will he pay for other things like clothes, school uniform, school trips etc?
If he does the bear in mind that all those extras could dry up and all you’ll get is the £40 per week.
If you can come to a reasonable private agreement do it. You can always go to the CMS as a last resort but once you do there’ll probably be no going back.

All those extras can dry up just as fast with a private agreement - bear in mind that he is responsible for clothes, school uniform, trips etc on the days that he has the child in his care.

Personally wouldn't be accepting whatever the other party thinks is 'reasonable' in a private agreement based on no disclosure of their earnings and what they 'think' they 'should' be paying.  

True, but if the extras that are privately agreed dry up then you always have the option to go to CMS.
why is the current arrangement changing and going to you five nights and ex two nights?
Do you rely on your ex for those two nights? 
Once CMS become involved it often leads to conflict.
 You know what your ex is like and why the previous arrangements are changing so know the whole picture.
If you think CMS is the only path or the right one for you as parents and your child then great but if you can come to a private agreement that suits you both then it is probably worth considering.

tightauldgit

WYSPECIAL said:

tightauldgit said:

WYSPECIAL said:

Will he just be paying CMS or will he pay for other things like clothes, school uniform, school trips etc?
If he does the bear in mind that all those extras could dry up and all you’ll get is the £40 per week.
If you can come to a reasonable private agreement do it. You can always go to the CMS as a last resort but once you do there’ll probably be no going back.

All those extras can dry up just as fast with a private agreement - bear in mind that he is responsible for clothes, school uniform, trips etc on the days that he has the child in his care.

Personally wouldn't be accepting whatever the other party thinks is 'reasonable' in a private agreement based on no disclosure of their earnings and what they 'think' they 'should' be paying.  

True, but if the extras that are privately agreed dry up then you always have the option to go to CMS.
why is the current arrangement changing and going to you five nights and ex two nights?
Do you rely on your ex for those two nights? 
Once CMS become involved it often leads to conflict.
 You know what your ex is like and why the previous arrangements are changing so know the whole picture.
If you think CMS is the only path or the right one for you as parents and your child then great but if you can come to a private agreement that suits you both then it is probably worth considering.

It would appear to me that there already is some element of conflict though as dad is contesting what on the face of it is a reasonable amount of child support. The reason I would generally suggest to go straight to CMS are mainly two-fold.

1. If you go to CMS then any unpaid support can be backdated/enforced - if you don't then any missed payments on a private agreement are unenforceable. So if you come to a private agreement and dad suddely decides to stop paying then you lose the money between the time he stops paying and the time that CMS issue an award of support.

2. I actually find the CMS 'should' lessen conflict as it takes away the need to negotiate, discuss, argue over what the right amount is. CMS set the figure and dad pays that. if dad doesn't like the figure they can discuss with CMS but it's not mum's fault. 

I don't see any reason why anyone should accept less support than CMS would award them just to get a private agreement and if dad wants to pay more then having a CMS award doesn't stop him.