Private Maintenance Payment Enquiry
20 February 2018 at 3:37 pm #7889
I have a toddler whose father doesn’t see at all, he has two other children from a previous relationship that he see’s every other weekend (4 times a month over night plus additional bank holidays and holidays together). My childs father worked out his maintenance payment to me using the CSA calculator however this was based on him actually seeing our child. He see’s his other children but doesn’t see my child, his maintenance payment to his other childrens mother is a private agreement and not done via the CSA. Myself and my childs father do not speak due to abuse emotional and physical, I’m wanting to take the maintenance claim to CSA as Ive been informed by him in the past that if I don’t contact him to discuss my personal situation then he’ll stop payments.
If I contact the CMS then they’ll put a new claim together which will be solely my childs claim based on the fact that he has no contact and wont take into consideration that he has two other children with a private maintenance agreement in place which is based on him actually seeing those children. How would this be organised so that I can go via the CMS for payments but ensure the maintenance monies are fair that I receive my entitlement based on no contact but yet for them to take into consideration that he has two other children not living at home with him that he does see more than 52 nights a year?
I’m confused20 February 2018 at 4:20 pm #7893
Hi you are obviously entitled to go to cms I use this myself. But they will take into consideration he pays for the other 2 children aswell so if I was you i would put it on cms calculator yourself seeing if you are being paid correctly they don’t ask if he sees your child they ask how many overnight stays he has so you would just say none it’s easy to do over the phone as long as you have contact details for him they will do the rest and they take a one off payment of £20 to set it up.20 February 2018 at 4:35 pm #7895
Ive been onto the calculator, its extremely confusing as he has ACTUAL overnight stays with his other children which equates to more than 52 nights per year however he has no overnight stays with my child – therefore Im not sure how Im supposed to work out whether he pays me correctly or not.
If I use the calculator to say that Im the person paying, and paying for three children in total, again it only gives the one option of how many overnight stays the children combined have and not different options.
If I say Im the receiver and that my child has 52 nights and less overnight stays and input that he has two children living with him (which he doenst) the figure is obviously different to the previous scenario I’ve stated and on top of this If I say he has less than 52 nights and only paying for my child & has no children living with him then this is obviously a different figure than the previous two scenarios I’ve posted.
It doesnt make any sense at all.20 February 2018 at 4:45 pm #7896
Obviously I don’t know how much your ad earns a week but I just put an amount in there just to look at the questions because I could remember what it said so it asks how many children you will be receiving maintenance for so you said 1? Then it says how many children live with the paying parent you said 0 as it says not to include children he pays maintenance for then it asks if he receives certain benefits so you would know that and asks what he earns a week and you would put less than 5220 February 2018 at 9:37 pm #7928
Call them they are quite helpful21 February 2018 at 8:11 am #7942
Before you use the Online CMS Calculator you will need details of your ex’s income. If you know the weekly amount simply enter that amount in the calculator. If you know the amount per year you must divide by 365 and then multiply by 7 to get the weekly amount.
The Calculator does take into account the other 2 children from your ex’s previous relationship.
As for nights with children the CMS will use the default 52 nights per year if there is disagreement between the two parents. Seems unfair if your ex has no intention of seeing child, but family law allows.
Call CMS and tell them what is happening and they may be able to advise how to avoid maintenance being reduced due to the 52 nights rule?