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Confused by CMS request... for less payment?

39 replies

greektouristboard · 05/03/2026 22:38

My DB has been separated from his STBXW for around five years. They’re in the process of divorcing, which has been a slow process as their finances are quite complicated and neither of them has been in a rush. It’s been an amicable process and they communicate well about their DD. My DN is in year 12, lives with her mum but spends lots of time with my DB and has a great relationship with both of them.

DB called me this evening to say that he’s just received a letter from the CMS regarding a claim which has been lodged by his STBXW. They’ve never been through the CMS before and she hadn’t mentioned she was putting a claim in. Of course she’s entitled to, but he’s baffled as to why, so I said I’d see if MN could help us understand.

He’s always paid significantly more than his obligation (over 3x more), regularly without fail each month, plus paying school fees (with a commitment for university too) and bigger ticket items e.g. he paid 100% for a new kitchen when required a couple of years ago, pays for car maintenance etc. His STBXW and DN live in their house whilst he is in a rented place – again, he’s not complaining as he’s waiting to sort out the divorce before he buys, but I genuinely think he is being generous (as he should be!) to look after his DD.

So… he asked for a sense check on why she might be going via the CMS, given that it would result in a significantly smaller payment than he makes now, and just as his DD is close to reaching 18/leaving school. But I’m baffled too!
I’ve only lived in the UK on and off for quite a long time, so I don’t know her very well personally but this seems out of character. There doesn’t seem to have been any falling out or specific incident that he can think of. And there doesn’t seem to be any advantage for anyone. He is really keen to make things right (and will of course respond to the CMS quickly and won't reduce payments anyway, unless she wants him to!?) so any insight wise MNers can give would be amazing.

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Caitl995 · 07/03/2026 14:15

Could be one of two things. She knows he earns more than he declares but he’s savvy and only pays himself a certain amount and therefore is hoping they’ll be more forensic because she deserves more, he may also be misleading you btw. I also think you being involved in the divorce paperwork is weird and I have had the misfortune of dealing with a family like that and they basically ripped me off and I’m bitter 15 year later.

Or she’s fallen on some difficult times and tried to claim a benefit, they may have stepped in with CMS if the arrangement wasn’t formal.

PensionMention · 07/03/2026 13:43

People think things are amicable and whilst this is all very civilised most people want the best deal always.

tutugogo · 07/03/2026 13:02

Once his dd goes to university money should go directly to her (or potentially he pays the accommodation directly) with just a modest contribution potentially to his exw for holiday time expenses though if it’s 50/50 that isn’t needed. I suspect she’s been advised to apply by a solicitor who was not trying to create trouble as they make solicitors more money (I’m a cynic)

Spirallingdownwards · 07/03/2026 12:52

Yes sounds like she thinks she would get more.

But if he is paying school fees etc roo it's very unlikely.

If I were him I would arrange to pay anything when DN goes to uni direct to DN.

NNforthispost · 07/03/2026 12:42

My partner paid more than CMS and his ex wife went to them about four years after they’d divorced because she thought she’d get more. She ended up getting about £300 less a month and was quite bitter about it. They had gotten along well up until that point. He paid the difference directly to his daughter. I hope your DB gets it all sorted out, it can cause tensions.

Silvertulips · 07/03/2026 12:34

I think he needs to consider paying into an account for his DD when she reaches 18 - why is he buying her a kitchen and renting?

None of it makes financial sense for your DB

LadyVioletBridgerton · 07/03/2026 07:54

DH’s ex-wife did exactly this as she was so convinced that DH was hiding funds from her. She would send messages saying he was a fraudster and badmouth him to anyone who would listen. Oh how we laughed when the CMS amount was £15 less than he’d been paying her 😂 Not a huge difference but enough for DH to feel vindicated. He never got an apology either.

We also pay for private tutoring for DS plus school uniforms/ad hoc clothes and holidays so she doesn’t do too badly overall.

Shittyyear2025 · 07/03/2026 07:16

RandomMess · 06/03/2026 21:10

I wondered if it may be to do with an application to student finance. Evidence of his STBExW financial status as that affects how much loan his DD is entitled to based on current income.

Declare it based on CMS assessment rather than what she actually receives.

CMS isn't included in student finance calculations as it stops when DC starts university.

ThistleTits · 06/03/2026 23:38

@greektouristboard probably because her solicitor has advised her to. They say things like "he could stop these payments at anytime." Justifying their own costs.

RandomMess · 06/03/2026 21:10

I wondered if it may be to do with an application to student finance. Evidence of his STBExW financial status as that affects how much loan his DD is entitled to based on current income.

Declare it based on CMS assessment rather than what she actually receives.

FunMustard · 06/03/2026 21:09

If things are amicable, then why doesn't he just ask her?

nomas · 06/03/2026 21:08

greektouristboard · 05/03/2026 23:34

And yes he'll keep paying what he's paying now!

Is his dd going to university?

I would divert the money to dd and just give ex th CMS amount.

But he should get the divorce financial order sorted first.

Azaleahead · 06/03/2026 21:05

Does he earn over the CMS threshold? I believe around £175k? If so, this will be a precursor to a court claim for higher maintenance and potentially a capital lump sum. Also, a court can order child maintenance to continue longer - not unheard of for NRPs to be ordered to continue maintenance payments for the duration of a degree.
I personally think the money should go direct to the child after age 18, but there we go.

BooneyBeautiful · 06/03/2026 20:20

MooseBeTimeForSnow · 05/03/2026 23:37

How are student loans calculated?

By the household income of where the student lives the majority of the time. In this case, the mother's.

Elemenopea · 06/03/2026 18:10

I may be wrong but being a single parent who recently bought a house could this be to do with a mortgage application.

I was able to include maintenance payments in my affordability assessment as I could demonstrate my ex was paying regularly and consistently and had been for some considerable time. Had that not been the case they only would have considered if it was following court order or via a formal arrangement via cms. Just a thought

greektouristboard · 06/03/2026 11:33

DB says thank you all!

I chatted to him about the "ducks in a row"/suspecting he has a higher income than she's aware of and he thinks this makes sense. They have a few businesses together where she sees the financials, but she's not involved in his "day job" business. They're in the process of getting an independent valuation done of that business which involves going through all the management accounts, so maybe she's just taking a belt and braces approach to confirming his income in every way possible. He assures me everything will tally up so hopefully that'll be reassuring for her.

Apparently they've talked through a few different scenarios depending on whether DN goes straight to uni/gap year/work and whether she lives at home during that time (very much up in the air). But they haven't confirmed the details. So this could also be her trying to prompt more certainty on that discussion, albeit a bit of a weird way to do it as they've spoken openly about it before.

It feels like the ducks in a row/higher earnings theory sounds most likely, but he's still a bit baffled so any other insights gratefully received.

OP posts:
greektouristboard · 06/03/2026 01:13

Just wanted to say a quick thanks again for responses. You've given me some great questions/thoughts so I'll chat to him in the morning and be back after that.

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YourJoyousDenimExpert · 06/03/2026 00:54

If your niece does go to Uni, your brother could send her the money directly rather than to his former wife. His financial obligation is to his daughter, not her mother. Sounds as though he has been generous so far.
I also wonder whether the CMS claim is a vehicle to get precise info on your brother’s income.

BerryTwister · 06/03/2026 00:31

TurtleGroove · 05/03/2026 22:57

Interesting you jump straight to calling her STBXW whilst at lengths to say how amicable and generous he is.

I really doubt you’re helping the situation here.

@TurtleGroove STBXW is soon to be ex wife. It’s true. What’s wrong with it?

90sTrifle · 06/03/2026 00:24

It’s odd that the claim has been made now, as I believe CM ends when the child is 18. However, I suspect the STBEX believes your DB has way more income than letting on and she’d like to know this for sure to get everything she’s entitled to from the divorce. Especially as your DB can stop all current financial help when the daughter turns 18.

She’s getting her ducks in a row so to speak.

DeftWasp · 05/03/2026 23:50

greektouristboard · 05/03/2026 23:34

And yes he'll keep paying what he's paying now!

I really wouldn't, pay the amount CMS require to STBX and then pay the additional balance to what he has been paying direct to DD's bank account for her use.

TakeTheCuntingQuichePatricia · 05/03/2026 23:39

Foundround · 05/03/2026 23:34

Is he sure she asked? CMS got involved when I was a child for no apparent reason- not requested by either side. Almost caused a falling out between my parents who were amicably separated and as in this case my dad paid more than required (though not as much as your DB).

They used to automatically get involved if the RP claimed any benefits so it could have been that. That was the case even when they stopped including CM as income and reducing benefits accordingly

MooseBeTimeForSnow · 05/03/2026 23:37

How are student loans calculated?

Foundround · 05/03/2026 23:34

Is he sure she asked? CMS got involved when I was a child for no apparent reason- not requested by either side. Almost caused a falling out between my parents who were amicably separated and as in this case my dad paid more than required (though not as much as your DB).

greektouristboard · 05/03/2026 23:34

And yes he'll keep paying what he's paying now!

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