CMS and 'special expenses'

Diplodocus25

Hello

I separated from my ex partner around 18 months ago and in the meantime I have been paying 50% of the mortgage and up until recently some other bills whilst paying her a small amount of money for the children plus ad-hoc payments for clothing such as uniform and shoes. We are soon to finalise the completion on her buying me out which will lead to a conversation around future maintenance monies.

Right now I have the two children 2 nights a week based on my working week and also throughout the holidays etc, I have agreed to pick the full nursery bill up until August 26 when the youngest will start school, I agreed to this to speed up the buying out process. My question is would I be able to make the case for 'special expenses' if we were unable to come to an amicable agreement and the CMS had to intervene.

For context the nursery bill per month will be £1150-1200 minus any funding and I was thinking circa £250-300 for monthly maintenance based on the nursery bill. 

Northern_Wanderer

The amount of maintenence due is based on your income and the number of nights the children stay with you. Have you used the child maintenance calculator on the gov.uk site to see how much you should be paying per month? 

Diplodocus25

Yes I have used the calculator but as my question suggestions if I had to pay more via the CMS which I would have to, would the nursery fees be able to be calculated as a special expense thus bringing my total down to the amounts £250-300 ? In total a CMS payment would be about £400. 

Northern_Wanderer

I don't believe that nursery fees would be a valid reason for a Variation. The CPAG Child Support book specifically states that "School Fees" should not be taken into account in any Variation. In a private agreement, it's up to the two parents to decide about maintenance but with CMS, they will stick to the rules. 

sheramber

However you would only be required to pay the amount CMS required.

Paying more than that, e.g.  nursery fees, would be  voluntary and up to you whether you paid them , since the circumstances had changed.