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Paying correct amount - help/advice

Footy1234
Posted by
Senior Member

11 Sep 17 #496188 by Footy1234

Topic started by Footy1234

Hi
Wife is saying she wants more than the government calculator amount for child support. Can she demand this?

I want to pay minimum and buy my child things as and when. Any advice would be great.

Lostboy67
Moderator

11 Sep 17 #496202 by Lostboy67

Reply from Lostboy67

Hi
She can demand what she wants...the fact is that your legal obligation is based on the CMS calculation. That said many parents do reach an agreement outside of the CMS and the amounts can be more or less than the calculation says.

LB

Child Maintenance Options
Moderator

12 Sep 17 #496206 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Footy1234

If you have a family-based arrangement in place, it is between you and the other parent to discuss and negotiate your maintenance payments. Although family-based arrangements are not legally enforceable, parents can decide the terms of their agreement to suit their current circumstances, as there are no strict rules or formulas to follow. It can include money and other kinds of support, for example providing school uniforms, toys and clothes.

The child maintenance Options website has a useful tools and guides section that you and the other parent may find helpful when trying to negotiate your family-based arrangement. These can be found at www.cmoptions.org

If you have a case with the Government’s statutory scheme, the Child Support Agency (CSA) or the Child Maintenance Service, you may wish to speak to them directly to discuss any concerns you have regarding your payments. Paying parents are legally responsible only for the amount worked out by the Child Maintenance Service and are not obliged to pay for anything extra, unless they wish to do so.

If you have a Consent Order or Minute of Agreement in place for child maintenance, you may want to seek legal advice as to see what is stipulated within your agreement.
Alternatively, you may wish to speak to your solicitor.

For more information on the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website.

The DWP have a sorting out separation website that you may find useful. It offers help and support to separating and separated families. The link is: www.sortingoutseparation.org.uk/

Regards

William

Footy1234
Posted by
Senior Member

30 Sep 17 #496596 by Footy1234

Reply from Footy1234

My x wife has suggested:
I pay double the government calculation
That I have my daughter one night in week and every second weekend and half school holidays.

I am (not said yet):
I will give correct amount and spend rest of money when she is with me
I have daughter half a week.

Is this acceptable and worth fighting for?

spinit
Platinum Member

30 Sep 17 #496597 by spinit

Reply from spinit

Just pay the government calculation otherwise you will be playing this game for years. Even if you do pay the required amount if she is like my ex she will still every so often have a go and say it's not enough etc, just ignore.

If you have the capacity and want to have your daughter half the time and your ex won't be reasonable then you are free to file a C100 with the court and make your application. I self represented and it was easy, they just ask you a bunch of questions about how it's all going to work and the Cafcas women phoned me up and asked me a bunch of questions and then I met her in person at court and we had a chat.

Once you have the order enforcing that is a whole another story, I personally didn't have any issue as the ex complied with it but there are many stories of ex-wifes ignoring child arrangement orders and the courts doing nothing to enforce them but recently I've read a couple of times about women who haven't complied with these order's being punished so maybe things are changing.

There is way more information on the process and what to do here

www.separateddads.co.uk/after-initial-court-order.html

Footy1234
Posted by
Senior Member

30 Sep 17 #496599 by Footy1234

Reply from Footy1234

Thanks for your help

WYSPECIAL
Moderator

01 Oct 17 #496604 by WYSPECIAL

Reply from WYSPECIAL

Footy1234 wrote:

My x wife has suggested:
I pay double the government calculation
That I have my daughter one night in week and every second weekend and half school holidays.

I am (not said yet):
I will give correct amount and spend rest of money when she is with me
I have daughter half a week.

Is this acceptable and worth fighting for?

Remember Contact and Maintenance are two separate things.

Are you happy with the arrangements for when your daughter is with you and when she is with your ex?

As far as maintenance is concerned there is nothing to fight about. It seems to work best when parents can agree things between them but if you can't agree then the only requirement is to pay the CMS calculated amount.

Why does she feel she needs double the CMS calculation?

Would she then expect extra money on top for school trips, school meals etc?

Be wary this could be one of those situations where it doesn't matter what you pay it will simply never be enough. If you can't agree a reasonable figure that you are both happy with, and are clear as to what this is to cover, you may be better using the CMS route.

Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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