CM CALCULATOR

I'm confused. I read on the guides that we don't need to stick to what the Child Maintenence Agency calculate. That you can apply for an agreement based on what the child actually costs, but I now read on the forum that that can be overturned by the child maintenance Agency after 12 months.

I don't understand this. How does this help the child? Why is a government agency allowed to overturn court orders?

The CMS don't routinely or unilaterally get involved in maintenance unless a parent makes an application to them.

If, after a Consent Order has been in place for 12 months or more and there is a dispute over the amount of CM, either parent is at liberty to approach the CMS. Once there is a live case with them, the clause in the consent order is invalid. If neither parent applies to the CMS then the clause remains in place until the child is no longer eligible for CM , or ends on the specific terms in the CO.

You can, of course, agree your own cm arrangements and amounts without either going to the CMS and don't need to put it in the CO.

Thanks

Im sorry you feel this way.

Where there is a CM clause in a consent order, and a parent opens a case with the CMS at a later date, the remainder of the terms of the consent order remain firmly in place, they are not affected by a CMS case being opened.

Regardless of what you agreed in your own divorce, in a different jurisdiction, with different legislation), the law here is quite stark in terms of paying child maintenance. Parents who do not live with thier child/ren must pay a flat percentage of thier gross income. The statutory amount is the amount a parent is required by law to provide to his/her children. Any amount or other types of contributions towards a child's upkeep are voluntary (unless it is for something specific like school fees, and is court ordered).

CM is not meant to pay for half of the cost of a child's upkeep, it is a contribution towards those costs.

If your daughter is struggling financially, she may have a claim for spousal maintenance, which I think Hadenoughnow has covered in one of your other posts. Your daughter should make sure that she is receiving all the benefits she is entitled to, this very useful benefits calculator by Turn2Us takes 10 minutes and provides a comprehensive calculation of what, and how much someone may be able to claim - benefits-calculator-2.turn2us.org.uk/

There is much that is wrong with the CMS, but it is important to remain calm and focused on helping your daughter through this very difficult time.

Thanks

Thank you for clarification on my question.