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Legal matters

Ex split from gf... Lying to CMS

11 replies

Lukesflannelshirt · 22/04/2018 01:46

Ex was with a gf. They have a 3 yr old girl together and she has a 17 yr old from previous relationship.

They've split up from all accounts, a fee months back, however the CMS updated statement says he is still living with them. I don't live nearby so I can't check. But my sources are adamant. So he is paying less for our children, who he doesn't see.

Should I raise this issue? I'm already on their bsck

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Lukesflannelshirt · 22/04/2018 01:46

On their back for not following up arrears*

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mumtobe417 · 22/04/2018 01:54

Yes raise it with the and ask to investigate. They will contact him and check various systems for his address. It might not be the outcome you want it you're entitled to raise it

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Lukesflannelshirt · 22/04/2018 17:32

I don't understand how it would work though...
So 25÷4?

Yet he sees their child regularly and doesn't see any of our 3 at all, hasn't for years. Which affects payment rates.

Yet the significant children in the case would then be 0.

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mumtobe417 · 22/04/2018 23:18

If other mum wanted to put in a claim then it would be divided between the children so you would get 3/4 of the total assessment if you have 3 kids and other mum would get one quarter for the other kid. The older kid who isn't his doesn't come in to it.

Her 1/4 would be reduced by the amount of overnight stays. Your 3/4 wouldn't if they don't have any overnights with him.

If he says he's still living there then both the 3 and 17 year old would be on the case as a relevant other child. Reducing what you get as they are classes as dependants.

Are you entitled to £25 per week? This amount would first go up once the 2 kids are removed as Relevant other children then it would be split between the 4 kids.

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MrsBertBibby · 23/04/2018 08:34

At present, his gross income will be reduced by a percentage for the 2 children in his household, before the amount payable for your kids is calculated.

If he were reassessed on the basis of him living alone, that reduction would go, so his whole gross would be assessed. He would be assessed for 4 children, she would get 1/4, you 3/4. Her quarter might then be reduced because of his contact time, but yours would not.

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Collaborate · 23/04/2018 08:41

You’re better off him still claiming to be living with them. It reduces his for assessment purposes by 14%. You then get 16% of what’s left (for 2 children) or 19% for 3 or more. This applies to the first £800 of weekly income. You get a lower % of income above the £800 threshold.
If he’s moved out, then if you have 2 kids you’d get a third of 19% of all his income. Just over 12%. If you have 3 kids you get three quarters. So just under 15%.

So assuming he’s on £800 a week gross, you’d get £100 a week for your two kids and £130 wk for 3 or more (under the first example- where he claims he’s still there). If he says he’s moved out you get £101 a week for two kids or £114 for 3 kids.

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Lukesflannelshirt · 23/04/2018 09:21

I am so confused lol, why does it reduce it by 14%, if it is 25% of his income (4 kids) 25÷4 is 6.25
Would his ex not get 6.25% and me the ex ex with 3 of the four kids get 18.75%? Hers then being reduced for shared care and mine not?

Thanks for your help, sorry if I am being thick, I was up all night with toothache... Damn wisdom teeth, the irony.

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Lukesflannelshirt · 23/04/2018 09:23

I have 3 kids of his btw, she has one.

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MrsBertBibby · 23/04/2018 10:44

Collaborate is using the new system (which you will be moved to). Percentages are of GROSS income, whereas the old 15/20/25% regime was of net income.

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Collaborate · 23/04/2018 11:43

Figures under the "old" system:

Living with 2 children in his household - £800 wk gross = £609 wk

deduct 20% for 2 children = £487.20 -

Pay for 2 children @ 20% = £97.44 wk
Pay for 3 children @ 25% = £121.80 wk

If he moves out -

Assessed on £609 wk = £152.25 to pay in total. If you have 2 children you get two-thirds of this (£101.50) - if you have 3 you get three-quarters of this (£114.19).

Not much of a difference in it really. if he's moved out, but you're better on the new system if he's stayed put.

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ElinoristhenewEnid · 23/04/2018 12:54

Have known the opposite problem
friend has 3 dcs with exp and he has had 3 with new gf.
when he was 'living' with gf he was paying my friend £64 per week (based on weekly earnings of £400 and 3 other relevant dcs living with him)
He has now 'officially split' from gf and he is liable now for £76 per week for the 6 dcs but my friend only gets half that amount because she has 3 of the 6 dcs so now received £38 per week.
Friend suspects they have 'split' for financial (benefit) reasons but she loses out.

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