Maintenance

[Ships99]

Separated a year ago from my ex of. 15 years. Two dds, 9 and 6. Shared care 50/50 with my address the childrens home address / me main carer. Ex on £4000/m
He pays £250/m for the kids and out of that comes everything. Dinner money, activities comes to £160/m
Clothes and shoes/boots is also paid out of that £250.
I'm finding it hard to manage and CSA website calculated £300/m but he won't agree. This month is particularly hard and I have no cash until the end of the month. I've paid dinner money for the month but subs for swimming are due tomorrow and I can't pay. I've asked him to pay (£42) and he has asked that I pay him back when I get paid.
I do feel a bit under the weather at the minute and stressed. Does this seem fair?

[HerRoyalNotness]

Is the 4k gross pay or net? The new calculator for CMEC is here, and says with the 2 DDs, no other DC in his house, as them approx 3 nights per week, and 1k gross per week, he should be paying 87/week.

Play around with figures here:

cmoptions calculator

[HerRoyalNotness]

oh and if he doesn't want to pay, and you use the cm system, then he'll be forking out about 1000quid a year in fees to them. Makes much more sense that money goes to his DDs!

[Ships99]

Does maintenance cover all activities and dinner moneys usually? My kids do quite a few sports!

[HerRoyalNotness]

"Child maintenance is regular, reliable support that helps towards your childs everyday living costs"

Up to the parents' then to decide what everyday living costs are. I might argue that activities for sports are outside the living costs bucket and ask the DF to contribute towards those.

[STIDW]

There is no substitute for independent legal advice. A family solicitor could tell you where you stand and what options there are in your particular circumstances.

Child maintenance isn't meant to cover everything, it's just a *contribution" towards the costs of raising a child. Unfortunately when parents separate it's more expensive living in two homes than one and that often means cutting back on child related expenses.

C-MEC closed two or three years ago and the CSA is to wind down in 2017. The Child Maintenance Service handles all new child maintenance applications and under the new rules the CMS cannot process an application when the care of children is shared equally 50:50. That means you have no redress through the CSA/CMS unless there is already an open case with the CSA and your ex could pay nothing.

The CM Options website has information and tools you can use to negotiate a family based arrangement (which isn't legally binding or enforceable) between yourselves.

Alternatively if you were married child maintenance may be included in a legally binding and enforceable court order settling the finances on divorce. When parents were never married it's possible to make financial claims for the benefit of children under the Children Act 1989 through the courts.

[marty4444]

I will have been divorced 5 years this October. My ex pays me next to nothing in maintenance £19.80 a week for 4 children. I have been through the CSA, they can not do anything as he is self employed. He says he only earns £5,500 a year as a self employed electrician. He earned 6 times as much as this when we were together. He is re-married and expecting a baby with her soon. He has brought a new vehicle for work and had holidays ,but pleads he has no money??? I have sent him leaflets on what maintenance is for,he believes that as he does not live with the children any more he does not have to pay for the every day things. His new wife also told me He does not need to give me any maintenance, as we had a clean break when we got divorced. I have sent her leaflets and tried to explain to her as well with no response.He see's the children more than his fortnightly contact,as he helps out with clubs for the eldest children,this does not compensate for the lack of maintenance. I have tried contacting everyone but i get no where, any suggestions please.

[STIDW]

marty4444,

You may get more response if you start a new thread.

Did the CSA just carry out a basic assessment or have you applied for a variation or appealed?