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Advice required urgently please.Many thanks

  • hadenoughofitall
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09 Sep 14 #443999 by hadenoughofitall
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When we only have her income and it''s less than £1500 a month and only £1100 is paye income(she makes the rest up from self employed fitness classes she teaches which are not guaranteed) then £190 IS a lot! It leaves us with very little. With her classes she is already working 60 hours a week and it''s all well and good saying to get a better paid job-I''ve been struggling to find work since February when I was made redundant!
The impact on him would be far less if things were reversed-granted he would pay more than £190 if she lived with us BUT the amount of cash he had left would still be massive ie £2615 a month and kids cost no more to raise whoever had them! He also has the child benefit and as I state clearly doesn''t spend the same percentage of his income on her-in fact bragged to my gf she would be paying towards his mortgage.
It wasn''t actually written in the Order re maintenance as we knew it only stood for a year-she trusted him!
As for stopping pocket money and buying extras-yes, we could recover some of the extra money we are paying out that way but the the child suffers and my gf looks the bad person to her daughter which she is worried about. He has her over a barrel and all out of pure nastiness.
No one has told us yet though if my gf agrees to pay as she has no choice, will him insisting on using the CMS incur the 20%fee on top which is hardly fair at all?

  • Fiona
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09 Sep 14 #444003 by Fiona
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Be careful not to confuse the child maintenance with the CSA. They use different rules. The CMS handles all new applications.

The link above provides the information you require. Either parent can ask for Direct Pay without the consent of the other parent unless there is evidence that the paying parent is unlikely to pay. That means your gf shouldn''t incur the 20% Collect & Pay fee as long as she agrees and pays the calculated amount.

  • hadenoughofitall
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09 Sep 14 #444004 by hadenoughofitall
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Thanks I''ve amended my post-I know they''ve changed their name but they seem as biased towards the NRP as ever, particularly when none of this was her choice! Also I''d put her income as £2500 by mistake -it''s £1500 and only £1100 of that is guaranteed. If they assess her on what she has earned but she loses classes and therefore income I believe the CMS only review once a year which means she will be overpaying unless her income drops by 25%. Again he twists the knife. It''s very hard to live on one income when there''s two of you.

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09 Sep 14 #444025 by sulkypants
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Are you not entitled to any kind of unemployment benefit?

Spending your redundancy on taking her daughter away on a holiday wont help you budget, and her ex is going to assume you clearly can afford to throw the cash around if your spending cash on her albeit for her benefit she seems to get the best of both worlds.

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09 Sep 14 #444026 by hadenoughofitall
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When the holiday was booked i thought i had a job offer but it fell through. We have been living on our savings-the only benefit would be JSA which is not a lot and you cant turn a job down or they stop it-i wont the job I wNt not what they tell me to take!

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09 Sep 14 #444030 by Child Maintenance Options
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Hello hadenoughofitall

The Child Maintenance Service do not take into account the amount that the parent with day-to-day care of the child earns, as maintenance is the contribution of the parent without day-to-day care towards the upbringing of their child.

There is a calculator on the Child Maintenance Options website, www.cmoptions.org, which will give your partner an indication of an amount that the Government would consider to be reasonable for her to pay for her daughter.

This figure could be used to try to avoid having to use the Child Maintenance Service.

You will also find lots of tools and information on that website which are designed to help set up or renegotiate family-based arrangements.

The 20% fee is avoidable by using a Direct Pay arrangement, which is where the Child Maintenance Service will work out how much should be paid and then leave it up to the two of them to decide how the payments are made, such as a standing order, cash or e-money transfer.

The Department for Work and Pensions (DWP) have a web application, ‘Sorting out separation’. It aims to make it much easier for separating and separated parents (and childless couples) to find the support they need, when and where they need it, and encourages them to collaborate on a range of issues. The link is www.wikivorce.com/divorce/Sorting-Out-Separation.html

Regards

William

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