Child Maintenance advice

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  • Penguin_
    Penguin_ Posts: 1,221 Forumite
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    gareth5590 wrote: »
    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


    Haha yep, my ex wife didn't care she would be losing out on 4%. In the end I just set a standing order into her account every month for the amount on the CMS website (obviously without the charges).
  • gareth5590
    gareth5590 Posts: 24 Forumite
    edited 11 December 2019 at 2:19PM
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    That's what I'm tempted to do. I've paid every month since our consent order was issued some 4 years ago so there is no history of missed payments or issues.....straight into her account.


    I just know if she can cause me any issues with CMS she will!


    Thanks for your time, appreciated.
  • Accountant_Kerry
    Accountant_Kerry Posts: 628 Forumite
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    gareth5590 wrote: »
    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

    Yes she will need to make a claim to the CMS, i woulddo the same just pay her as per the calculator in the interim
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  • gareth5590
    gareth5590 Posts: 24 Forumite
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    That sounds like a plan then....thank you.
  • Savvy_Sue
    Savvy_Sue Posts: 46,024 Forumite
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    Do make sure that any payments through your bank have 'child maintenance' as the reference, so that she cannot later claim they were for some other purpose and ask the CMS to backdate her claim to whenever ...
    Signature removed for peace of mind
  • gareth5590
    gareth5590 Posts: 24 Forumite
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    Sound advice so will do that - thank you
  • TBagpuss
    TBagpuss Posts: 11,203 Forumite
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    What does your consent order say? If it says that you will pay whaetever amount is arrived at using the CMS calculator, then do the calculation, and rduce your paymets to that amount (or the slightly higher amunt if you want)

    If it says that you will pay £xx then it may be in your interests to make an application to the CMS in order to have an official calculation, which then has the effect of bringing the order to an end.

    Either way, ensure that you make payments with a refernece 'child maintenace' or similar, and if you can. write to her and give her at least 1 month's notice of the change and what the new am,ount will be, so she has time to adjust her budget.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • jefaz07
    jefaz07 Posts: 546 Forumite
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    gareth5590 wrote: »
    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

    You won’t pay those percentages if you pay what they calculate via standing order.
    They will only charge of they have to intervene and take it off you.
  • gareth5590
    gareth5590 Posts: 24 Forumite
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    I will take all those points 'on board' so thank you very much.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    gareth5590 wrote: »
    I will take all those points 'on board' so thank you very much.



    Just to re-iterate for you and anyone else reading. The CMS always allow for voluntary payments first. Even if she pays the £20 fee, there is always the option to pay voluntarily.


    It's if you refuse or miss payments that they get involved.
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