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Child Maintenance advice

edited 30 November -1 at 1:00AM in MoneySaving Dads
20 replies 2.5K views
gareth5590gareth5590 Forumite
24 posts
edited 30 November -1 at 1:00AM in MoneySaving Dads
My ex-wife has proposed I pay her a ‘one off payment’ instead of my paying my monthly child maintenance. We have a consent order which has been in place for the last 3 years. The reason she has suggested this is that I’m about to retire and my financial earnings will drop as I will be living off my pension. Can this be done legally and if so how would I go about it?

Any advice would be greatly appreciated.

Thank you.
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Replies

  • Comms69Comms69 Forumite
    11.1K posts
    10,000 Posts Third Anniversary Name Dropper
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    You can gift her whatever you want, but she can go to the CMS at anytime for payment.
  • MojisolaMojisola Forumite
    33.1K posts
    Part of the Furniture 10,000 Posts
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    gareth5590 wrote: »
    My ex-wife has proposed I pay her a ‘one off payment’ instead of my paying my monthly child maintenance. We have a consent order which has been in place for the last 3 years. The reason she has suggested this is that I’m about to retire and my financial earnings will drop as I will be living off my pension. Can this be done legally and if so how would I go about it?

    Any advice would be greatly appreciated.

    Thank you.

    You will still be liable for regular payments even if you gift a lump sum now.

    If you were still a family unit, your joint spending would have to adapt to the new, lower pension income. The same applies now. Your monthly contribution will be lower.

    If you want to, and are able to, pay more each month than the legal amount, just do it.
  • Thank you both that's what I thought.......greatly appreciate your time/advice.
  • SocajamSocajam Forumite
    823 posts
    500 Posts Second Anniversary Name Dropper
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    I would not do it.
    As stated above, pay more if you can, but do not give her the lump sump. Circumstances change, for example if she were to spend all the money upfront, then what
  • SocajamSocajam Forumite
    823 posts
    500 Posts Second Anniversary Name Dropper
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    Just by her asking for a "one off payment" would be a huge red flat for you not to do it
  • Having looked into it now you are totally right and my spider senses were tingling!


    Thanks again, really appreciated.
  • flanker6flanker6 Forumite
    91 posts
    Fourth Anniversary 10 Posts
    If you're about to retire, does that mean that you'll have more free time to spend with child/ren?


    If so, and it is practical, your ex may be grateful if you have child/ren with you some regular days of the week and this should lead to a balancing out of the child support payments.
  • That's going to be part of my suggestion now - thanks
  • The saga of this continues!





    My ex-wife is unhappy that I won't go for the lump sum option and is refusing to accept my offer of child maintenance in line with my reduced income. I have used the CMS calculator and even offered her slightly more than I would be due to pay each month. I have also pointed out if we go via CMS I will pay 20% extra and she will be deducted 4% but she still won't change her mind.





    My question is - as the party who won’t agree, should she be the one to be contacting the CMS and paying the £20 registration fee? Also, if I continue to pay my ex direct what I'm due on the CMS calculator what will the CMS if I don't pay via them?



    Thanks for any advice
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