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Advice required urgently please.Many thanks

  • hadenoughofitall
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08 Sep 14 #443977 by hadenoughofitall
Topic started by hadenoughofitall
This time I am requesting help and advice for my partner.
When she separated from her husband she agreed to his offer regarding finances even though technically she could have got more because she wanted things amicable for the sake of her two children.
She asked him to move away from CSA as it was crippling her and he is a very senior serving police officer his salary was four times hers and she needed to survive in the here and now.
He agreed and for twelve months things have been fine-they even conversed and exchanged pleasantries. However,out of the blue last week he text her he was formalising things and going back to the csa.She text for a reason as she is distraught and he refused to reply.Only when she said she was calling round to discuss did he reply saying he was formalising things and she had to respect his wishes!
She text back that she would be left unable to spend extra on the kids as she has been doing and that would be unable to take them on holiday(I am unemployed since being made redundant and the last of our savings were spent on our holiday where her children came-we paid!)
He hasnt replied so she is naturally devastated but we know nothing about the new csa or CMS or whatever they call themselves.
We believe this purely being done out of nastiness as he earns £3k a month net and doesnt need the extra £90 he will be taking from my partner .Is there anything we can do at all?
Will she be forced to pay the 20% fee even though she was happy paying privately?
Will they encourage him to go back to a private arrangement?
Any info we can get is appreciated
Thanks in advance

  • sulkypants
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08 Sep 14 #443986 by sulkypants
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She could always consider taking a better paid job, although her payments would go up she would have a higher income, £90 is not a huge amount of money in the scheme of things it probably just about covers there school meals a month, hardly a huge amount.

CMS do encourage private agreements but if the recipient wants them to calculate the payment they will look at the payees income and work out the amount payable, hopefully you will find work soon which wont have impact on the award.

  • hadenoughofitall
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08 Sep 14 #443987 by hadenoughofitall
Reply from hadenoughofitall
Hi. Its not £90 but an extra £90 on top of the £100 she pays for one child. He earns £3k pm net plus-my partner still spends on her daughter and pays pocket money etc-hes doing it out of nastiness because she got (a small part) of "his" police pension. The idiot even bragged it would "pay towards his mortgage" -hardly the point is it?
We used our savings to take her away on holiday abroad -he didnt but had a holiday just with his partner in the canaries.
My gf has bought bras and knickers for the child cos he doesnt think to yet he takes the £100 plus the child benefit. Now he wants more.
Just seems wrong he can do it when he clearly doesn''t spend 12% of his gross pay on her!

  • Fiona
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08 Sep 14 #443989 by Fiona
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The courts normally have no jurisdiction for child maintenance. Child maintenance may be agreed as part of a Consent Order settling finances on divorce but either party can apply to the Child Maintenance Service (who now handle all new applications) after 12 months. Unfortunately there is nothing your partner can do to prevent that and the CMS rules are rather blunt.

The CMS charge an application fee and fees for using the Collect & Pay service. Both parents pay collection fees but they can be avoided if payments are made direct. Information here;

www.gov.uk/child-maintenance/how-to-pay

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08 Sep 14 #443990 by hadenoughofitall
Reply from hadenoughofitall
So she can avoid the 20% fee on top-seems stupid if she is willing to pay him! And unfair the higher fee is levied against her.
I understand the courts have no say etc but she TRUSTED him to stick to their agreement and thought he would for the sake of the child. How stupid to trust a policeman!
She is ringing the maintenance options line tomorrow for advice but thanks to him it will cause more tension etc which can only have a negative effect on the child. So sad people behave like this

  • sulkypants
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09 Sep 14 #443993 by sulkypants
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so it could go up now to £190 if I am getting this right £100 previously underpaid in comparision to the £190 she should have been paying albeit that the underpayment was used for the benefit of the child. I really do think that £190 ia not a huge amount of child support to be paid in comparison to the true costs of raising a child I dot think your hard done by.

I think she may need to drop the extras that she is paying pocket money etc and if she needs new underwear request he supplies the cash her mum can do the shopping but stipulate that there are no funds to supply the items needed its that or she gets nothing,

Reduce her pocket money make it clear you have limited means now and that pocket money has to stop as you cant spend money you dont have, try and avoid blaming dad about this ...once the court order is a year old he is within his rights to use the CMS as they review it annually.

Hopefully once you get steady paid work your finances will improve but I really dont think she is paying over the odds.

Hopefully your employment will pick up and there wont be a strain on the finaces as much but if all she is paying is £190 once she has been reviewed that is still a pretty low amount in comparision to what a child costs, to avoid tension other than we cant afford pocket money any longer as you dont have a job dont discuss it,

  • MrsMathsisfun
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09 Sep 14 #443995 by MrsMathsisfun
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Unfortunately the Child maintenance agency use a standard formula that doesn''t take into consideration the income of the receiving party, which I certainly agree is very unfair.

If the PWC decide to ask the csa to intervene and assess there is nothing the nrp can do but comply.

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