Child maintenance - what is it meant to cover??

[StarlightSlippers]

My OH left me and 2 young children, I have seen a solicitor and they are asking for an interim payment to cover the mortgage and living expenses (I have been a SAHM as agreed during the relationship to cut down on childcare costs and enable OH's career progression) I am unsure whether when you go on the CMS website the amount it calculates is supposed to cover everything for your child, or if I use that amount for food, clothes, activities etc and then add on a % of the mortgage, council tax etc. Anyone have any experience?

[StarlightSlippers]

Yes we were/are married.

[Collaborate]

It’s not meant to cover anything in particular. It’s all you can force him to pay you for the child. How you spend it is up to you.
If you were married you could claim more for yourself but if you weren’t married you’re claim for yourself evaporates.

[mumblechum0]

So it sounds as though your solicitor is advising a claim for interim spousal maintenance, which is separate from child maintenance.

It's a good few years since I was a family lawyer so this may be out of date now but I think that for 2 children, your husband is expected to pay 20% of his net income by way of child maintenance.

You may also get spousal maintenance on top of that, usually for a relatively short term, but only if you can show that your husband can afford it and that you need it. If your husband is a seriously high earner and your children are very tiny, you may get spousal mtce for longer.

[SeySarahSey]

Yes, there are two entirely separate things. One is what a non resident parent pays for the chidlren (and what that is spent by the resident parent is up to them 100% on vodka does not break the law!) and then what sum a non working spouse might be paid by the other spouse which typically goes no food and the mortgage or rent - most people's biggest expenses where they are not paying for childcare costs.

The interim spousal manitenance will be based on what the other spouse earns and can afford and what the mortgage is etc. If you can agree a figure with him so much the better. Most non resident fathers with a non working wife do not want their children to starve and be on the streets so usually people agree a sum.

[StarlightSlippers]

Thank you, that's most helpful.

[kate2304]

. My query is can I push legally for payments for extras? In particular school trips? I do receive a small CMS payment and have done for the last few years but as the children grow so do the costs. When you add mobile phone, a club each a week, school transport, uniform and school trips for 2 children it is a couple of thousand a year. Any pointers would be really helpful as all I can find is CMS payments should cover basic living costs but nothing about extras.

[Collaborate]

There’s no legal basis on which you can force payment of extras unless he’s paying the maximum in which case you apply to court for a top up order. The maximum btw is an assessment based on having £3000 a week gross income.