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Child Maintenance

(10 Posts)
Lambmow Fri 03-Jan-20 10:50:57

My ex pays child maintenance based on having our son every other weekend.

Long story short we have been through courts and have a child arrangement in order after our relationship broke up due to DV.

Over Christmas he has had our son a few extra nights at his request, and has took it upon himself to deduct money from my sons child maintenance to cover the 4 extra evenings over December. Is this correct?

Hope this makes sense!

OP’s posts: |
Lonecatwithkitten Fri 03-Jan-20 13:22:55

Maintenance is calculated over a whole year based on how many nights the NRP has the child/ten during the year. So no it should not very.
If you are going through CMS contact them and let them put him right. If not I would now go through them to stop this messing about.

Kennyy Sat 04-Jan-20 13:50:40

If maintenance is calculated based on how many nights the NRP has the child then why shouldn't he deduct money from maintenance to cover the extra evenings? He can have the child for a few extra days but he still needs to pay maintenance for those days?

Sugarplumfairy65 Mon 06-Jan-20 19:15:19

You sound just like my ex son in law.
He has his children for 2 extra nights over Christmas so reduced the cm for that week. He seems to forget the times he's cancelled his nights because he wants to go out or go on holiday (Maldives twice in 18 months)
I'm encouraging my daughter to go through cms. At the moment he's paying the minimum as per the calculator going by his full time job.
He works a job 4 days on, 4 days off, on his days off he does jobs on the side. What he's forgotten is that for the last 4 years I've prepared his accounts for him leaving him to complete and submit his tax return. I know that he's only declared half his additional earnings and I have proof. I'm really going to enjoy dropping the children at his on Saturday morning because if he doesn't put the cm situation right, I'm going to report him to hmrc. And yes, it is blackmail, but I'm sick of his emotional and financial abuse of my daughter.

Kennyy Mon 06-Jan-20 20:30:56

OP just said her ex had their son for a few extra nights. I don't know if he has cancelled nights in the past like your son in law. That's a different situation.

HugeAckmansWife Tue 07-Jan-20 20:39:07

It's calculated in bands of 0-52 & 52-104 nights so a couple of extra one or two times should not make a difference. Twatty behaviour from nrp who's cms almost certainly comes nowhere near 50 % of the cost of the children, let alone the mental load and general day to day parenting

princesskatethefirst Tue 07-Jan-20 20:42:08

As huge says so no he shouldn't just be doing it by himself. My twatty EX used to pull stunts like this too! Now he just does t pay at all 🙄🙄

Oct18mummy Tue 07-Jan-20 20:44:36

@Sugarplumfairy65 wish you were my mum!

Fedupwithex Wed 08-Jan-20 21:15:19

No he can’t do that, his payments are set and unless he has dc 52 nights a year it’s unchanged, even if he did have them that much it won’t affect monthly amount until the reassement period

FatherB Thu 09-Jan-20 07:12:35

It all depends. Everyone is assuming it's through CMS, if it is then they sort it out and he shouldn't mess with it, if it is done through just the two of you then really this is reasonable? It really depends on what you have privately agreed.

Regardless, if it's through CMS they will chase the deficit right? if it isn't then you should probably get it set up through them.

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