Whether to deduct DDs from voluntary CM

On here a lot at the moment but getting close to discussing settlement, so need advice, hopefully soon I will be gone.

Last Solictors letter stbx asked me to transfer all DDs over to her and I pay her the equivalent in CM into her bank. However, I am still paying the mortgage which she had offered through solicitor to pay half of but has stopped communicating with me. Also she is claiming I gifted her a car on finance that I am still paying for her to drive (subject of a different thread).

Question is, I would like to deduct half the cost of the mortgage and half the cost of the car finance from her equivalent CM payments this first month of transfer. Is this acceptable or wise do you think?

Or should I be seen to be paying the full likely CM value and cover the full value of mortgage and car until a final settlement is concluded?

The background to this is that she is threatening to put it via CMS because she justs wants to be obstructive, despite me having paid more over the last year than I would have needed to if paying legal CM.

Thanks

At this stage its all voluntary. Just because a solicitor asks for something doesnt mean you have to comply.

Is the mortgage payment more than the amount of cm you should pay?

Sounds like the threat of going to cmo is an idle threat.

No need to disappear from forums once you are sorted. Sharing your experiences might help others.

It is acceptable to deduct mortgage payments from CM if paying by private arrangement so pay one or the other as you think best. If CMS get involved payments are only due from when they contact you. You can''t have arrears from before they are involved.

Going from memory car is on HP? As was pointed out that will mean it doesn''t belong to you so you can''t gift it to her. Why not just ask the finance company to collect it?

You will probably find that long term your ex will want you to pay via CMS but also pay loads of extras on top. my advice has always been if you pay via CSA/CMS pay the exact amount and not a penny more. Sometimes it doesn''t matter how much you pay it is never enough.

Thanks all....things change quickly. Arrived home to find the CMS letter on the mat. I have not composed myself to read it yet other than seeing it quotes a figure they have calculated I owe which is a lot more than i expected. However stbx has lied throughout on all matters so hoping that she has inflated my earnings and understated how often I have the children so actually it may be lower. Any thoughts on my next action - speak to my solicitor or call CMS myself for a chat, if they do that sort of thing!

I also believe the payments would be due from the date of application so I would be best to stop paying anything voluntarily now as they will claim it off me for this and next month anyway?

On the car yes it is on finance but it is 6 months before 50% of it is paid off to allow me to voluntarily terminate without penalty. My plan was to let my wife drive it until this date which is end October and then VT, so she was not left without a car, but perhaps now she has done this I should be looking to be a bit more aggressive in my stance.

Do you have evidence of the number of nights you have the children? If no then start an online calander.

Can you prove your income has been inflated?

Is the mortgage paid out of your bank account or hers? Stop any other payments. If you dont live at property cancel all DD''s for gas etc.

If you cant afford mortgage and cm, you will need to sort out finances asap.

Get an mediation meeting organised

Thank you. I have looked and they have used my previous years earnings, this years was £5K less so that will help.

It does not say what they have based my having the children on. I have kept a note of every night I have had my children since around last October, not sure if that counts as proof but there are others that could confirm it too. I have my youngest every weekend for one night and at holidays for 2, 3 or 4 nights, so I would say 1 to 2 nights on average. My eldest being 15 is her own girl and comes to me less than once a week for sure.

The mortgage does come out of my account it is very modest and due to complete in October, so it is not a burden to keep paying it.

I am OK to keep going as is, although if the CM payments are as high as they say on the form then I will be tight for sure - I am renting a property, but it is survivable.

I will cancel the other DDs I still have going, most had transferred over in lieu of me paying cash equivalent into her bank but i will stop that now.

And I see I have ot call CMS with my details so I will do that tomorrow if open. I will not go to solicitor yet that seems to just land me with more costs without any real help and advice.

What is the percentage difference between your current and historic income?

In most cases the CMS uses the historic income from the previous tax year to avoid having to obtain the information from non resident parents or employers. Information on historic information is provided by HMRC using an automated system.

When the non resident parent''s current income is nil or there is at least a 25% difference between the historic and current incomes the CMS calculation is based on the current circumstances.