Ex has applied for variation in CM
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as I understand this your ex has to make 2 payments
1- child maintenance calculated by CMS
2- spousal maintenance, which you must use to pay the mortgage
if my understanding is correct then your ex is not paying the mortgage directly, and voluntarily, and so any claim for a variation should fail.
ensure that you provide CMS with a copy of the full judgement.
variations can be very complex and not all staff are fully aware of all the aspects of these so be prepared to appeal the decision immediately if it goes against you.0 -
Thanks HoneyNut, just to be clear he's paying Child Maintenance "in accordance with the current rates", it's the Spousal Maintenance which the Consent Order stipulates I should use towards the mortgage, but as jimd-f correctly points out this is neither being paid directly to the mortgage company or voluntarily.
I've already had to wait two months to receive any CM at all because he instigated the claim and so chose the start date, he's already paying less as he's claiming a reduction for supporting a child in his new family (who actually spends 50% of the time with her dad) and for contact costs, despite the fact that he has a company car and fuel allowance and so his contact costs are nil. Meanwhile he's swanning around without a care in the world on a six figure salary whilst I slog my guts out juggling the kids and working full time for NMW, but then, who ever said life was fair
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as long as the mother of the child in the new family is getting child benefit then he will be entitled to a reduction for that child.
to get contact costs he will need to apply for a variation, to which you will have the chance to object, but to be honest the amount of the reduction in maintenance for contact costs is rarely worth the effort needed to prove it as the reduction is not the amount of the costs but a reduction in the wage used to calculate the assessment so he would only get around 10% of the costs he could prove he incurred.
you need to contest the variation for contact costs.0 -
Moominmamma wrote: »Thanks for your responses. To clarify the consent order was finalised in April and he's currently paying the ordered amount of SM, and then CM as calculated by the CMS.
MataNui I have indeed sent a copy of the Consent Order to the CMS to show that he is not paying voluntarily but I agree that the wording regarding rates is somewhat ambiguous.
Oh its a consent order? ah... Those only last 12 months I believe.
(to be clear, by it's definition a consent order is voluntary)0 -
I have previously has a spousal maintenance order and mine was clear the amount was not to include child maintenance. They are completely separate. Despite this my ex tried to be clever and paid child maintenance and then a separate payment labelled !!!8216;child maintenance top up!!!8217; so he can claim both payments as child maintenance but also comply with the spousal order. This worked initially however I made a formal complaint to CMS and explained he couldn!!!8217;t use the money for both purposes and it resulted in £2.5k worth of debt with the CMS. I can only share my experience but it seems quite similar. Good luck!0
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