Child Maintenance Question

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I have recently split up with my partner of almost 10 years.
We have 2 children together. Ages 6 and 4.
I understand and I'm perfectly willing to contribute towards the costs and I'm just using the child maintenance calculator as a ball part figure.


My ex partner has sole use of the car, that I still pay for, and that I currently pay for the mobile phone/contracts and other various debts that I have paid for her.
Basically to cut a long story short she owes me approx. £100pm MORE than the child maintenance would cover. I have basically said we might as well call it quits but I don't want her family and other people looking down their noses at me saying I don't pay anything towards the children.
She has always been useless with money and is now waking up to the fact that bills need to be paid on time etc etc.

Comments

  • HoneyNutLoop
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    What was your question?
    I often use a tablet to post, so sometimes my posts will have random letters inserted, or entirely the wrong word if autocorrect is trying to wind me up. Hopefully you'll still know what I mean.
  • arf85
    arf85 Posts: 6 Forumite
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    What would be the correct way in trying to sort things? and how would the child maintenance people look at the situation?
  • HoneyNutLoop
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    If you and your ex can come to a mutually agreeable family based arrangement, there are no rules. It just has to be something that you are both happy with.

    If you can’t agree to something you’re both happy with, then either of you can apply to CMS to calculate maintenance.

    Their booklet explains what they take into account when working out maintenance:
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/672432/how-we-work-out-child-maintenance.pdf

    Things like paying for mobile phones/contracts won’t be taken into account at all. They may take account of the debts you are paying, if they meet the criteria for a special expense variation.

    http://www.legislation.gov.uk/uksi/2012/2677/regulation/65/made

    However, any variation awarded is deducted pound for pound from the gross taxable income used to make the calculation, not the maintenance amount itself.

    For simplicity’s sake, say your gross taxable income was £400 a week, you had no other children to support and no shared care, you would pay 16% of the £400 in maintenance = £64 a week.

    If you were paying eligible debts at a rate of £100 a week and a variation was awarded for that amount, that would be deducted from the £400 a week gross taxable income and your maintenance would be calculated on assessable income of £300 a week @ 16% = £48.

    So although you would be paying £100 a week towards the debts, your maintenance would reduce by only £16 a week.
    I often use a tablet to post, so sometimes my posts will have random letters inserted, or entirely the wrong word if autocorrect is trying to wind me up. Hopefully you'll still know what I mean.
  • Hello, 
    About 3 weeks ago I had my yearly review payment schedule for this year . These are payments I will receive off my ex partner weekly through direct pay from CMS. (This has always been a case under the enforcement team as my ex partner is uncooperative. )
    Since then I haven't recieved any money at all . This money ideally goes towards Bill's, food etc. My hours from work are basic as I claim universal credit too . 
    I understand my CMS payments have been reduced which is ok as my ex partner is not working at the moment due to Covid-19.  
    CMS are not allowing me to call and I've tried the on line service but unfortunately I need to input my memorable word which I cannot find and they are asking me to get in touch to re set.  
    I know I'm going to struggle financially if I can't get in touch with them.  Please advise 
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Hello, 
    About 3 weeks ago I had my yearly review payment schedule for this year . These are payments I will receive off my ex partner weekly through direct pay from CMS. (This has always been a case under the enforcement team as my ex partner is uncooperative. )
    Since then I haven't recieved any money at all . This money ideally goes towards Bill's, food etc. My hours from work are basic as I claim universal credit too . 
    I understand my CMS payments have been reduced which is ok as my ex partner is not working at the moment due to Covid-19.  
    CMS are not allowing me to call and I've tried the on line service but unfortunately I need to input my memorable word which I cannot find and they are asking me to get in touch to re set.  
    I know I'm going to struggle financially if I can't get in touch with them.  Please advise 
    Start your own thread. 

    If he's not working, you should assume its £nil, and maybe you'll end up with £7
  • Sibz
    Sibz Posts: 389 Forumite
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    arf85 said:
    I have recently split up with my partner of almost 10 years.
    We have 2 children together. Ages 6 and 4.
    I understand and I'm perfectly willing to contribute towards the costs and I'm just using the child maintenance calculator as a ball part figure.


    My ex partner has sole use of the car, that I still pay for, and that I currently pay for the mobile phone/contracts and other various debts that I have paid for her.
    Basically to cut a long story short she owes me approx. £100pm MORE than the child maintenance would cover. I have basically said we might as well call it quits but I don't want her family and other people looking down their noses at me saying I don't pay anything towards the children.
    She has always been useless with money and is now waking up to the fact that bills need to be paid on time etc etc.
    These contracts (car, phones etc) - Are they under your name or hers?
    Any payments you make (for whatever reason) unless paid direct to her and stating Child Maintenance as the reference may not be accepted by them as such if she makes a claim. I'm not sure how it currently goes with backdating claims but the CSA used to backdate full amounts regardless of these types of payments.
  • CocoM2020
    CocoM2020 Posts: 253 Forumite
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    No they wiped off a lot of outstanding claims (they asked the receiving parent first).  As you can make payment without the CMS being involved how would you prove or not prove what your payments were for?  
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