Want to pay CM / ex will make it difficult

Hi,

I was divorced 2 1/2 years ago. The settlement was that I gave her the house, she allowed a 3 year amnisty on child maintanence payments. Early next year I start paying again. 2 children. My ex has stated she will ''screw me for every penny'' - it wasnt an amicable divorce!! (she has destroyed 1 of the relationships with my children and is trying with the other). I have stated I am willing and want to pay but she has stated she wants it through the services so I will have to pay the additional fees they charge. Can she do this? Also, can I reduce payments for travel. I live 250 miles away and travel every weekend to see my son and twice at month end when he stays with me. Thanks in advance.

by services you mean when CMS collect the payments and pass on to the RP?

I was told by the CMS that they will only consider this if there is a history of non-payment once the CMS is involved. So you need to keep a record of payments otherwise you will get stung for an additional 20% which the kids/RP won''t receive.

You can apply for a variation to cover the cost of travel etc which the CMS will review and make a call on.

Thanks,

I paid CM up to the divorce (missed the last one in error due to timing of final divorce and when amnisty started), however, as soon as I was made aware I paid.
I also paid for the house for the 3 years while divorce was ongoing (even though I knew her partner was living there).
I suppose my only issue (if evidence is needed) is that I have changed banks since.

I would be hopeful that If I say I have paid she would have to agree (as its true!) and that if needed I could request statements for the period.

truth has got nothing to do with it sadly. Keep the records!

Your ex would need to pay 4% of the child maintenance as well as you paying 20% if the CMS collection service is used. However once the Child Maintenance Service has done the basic child maintenance calculation you can make your own payment arrangements through the Direct Pay service and there is no charge. Either parent can choose Direct Pay without the agreement of the other unless there is evidence of missed payments. Therefore you need to keep records of payments in case there are any problems in the future.

The basic calculation doesn''t take into account travel expenses. Once the calculation has been done the non resident parent can apply for a variation to take into account special expenses. The cost of fuel to travel between your home and the child’s home must be at least £10 a week.

Thanks. Much clearer. I spend between 250 and 350 per month on fuel, circa 450 miles a week and 900 the weekend he stays with me (double trip). Would I be able to offset some of that or just £10 a week.