Does anyone know about maintenance where ex earns over 157k?

[Iopp]

What can you expect?

he’s been utterly terrible and now he’s over this threshold I am keen to know if it’s worth applying for more support? We were never married, dc 5

Use the cms calculator online

www.gov.uk/calculate-child-maintenance

I do know the court will approve for more maintenance to be paid if you can prove that it’s needed.

It’s not cms @User0610134057 they only go up to a certain amount

@SafeHeaven what does being needed mean? We are fine without it but he’s caused me so much grief I want to apply

And your entitled to it!!

I didn’t know that, I put in my DH’s salary which is higher than that and it gave me a figure. Do you mean that there’s a point after which it doesn’t go higher? Is it not just 15% or something?

There is a threshold income that CMS is calculated - I think 3k/year. For anything higher, you have to apply to court.

Does he take a salary or does he work through a limited company. If the latter, good luck.

There is a point we’re it doesn’t go any higher via the cms.

proving it’s needed meaning you prove that your sons half of living costs (you’re suppose to contribute too) is more than the maximum cms amount and that’s why you need more.

for example on that salary, if he only has the one child, no children with anyone else, and doesn’t have him over night, then you will get £1,237 a month in maintenance through the cms.

So if that’s half of the child’s costs, then you would have to prove to the court that your child’s cost of living is more than £2,424 a month.

Gosh I didn’t know this, thank you OP and everyone

found this online -

However, there is a cap on the level of income which the CMS can take into account, and therefore the level of child maintenance which the CMS can award. Currently, the maximum amount of pre-tax income that can be taken into account by the CMS is £3,000 per week/£156,000 per annum. Once the paying party’s income exceeds this, the Child Maintenance Service will make a maximum assessment.
This maximum assessment allows the court to award maintenance in excess of the CMS assessment, sometimes referred to as a top up maintenance.

To be honest, I think you would struggle to prove a 5 year old cost £1,237 a month, never mind double that.

Yeah probably not worth it. He made my life a misery though and I’m ashamed to say i wanted to make it hard for him too

I don't think it would be fair to expect the RP to match the NRP financially if they have majority care. They are providing more than 50% of hands on care. I don't think 50/50 financially is fair in those circumstances.

I'm not sure how the courts would see it, but they might take into account things like private school fees I suppose. If the ex is on a salary where people commonly send children to private school then it might seem reasonable to claim for that, but you'd have to speak to a solicitor.

Do you receive maintenance now?

@SafeHeaven yes 630

@SafeHeaven though it had to be dragged out of him

That’s quite low for his salary, is it through the cms?

So if that’s half of the child’s costs, then you would have to prove to the court that your child’s cost of living is more than £2,424 a month.

That seems backwards - he should be providing according to his means, not according to the child's spend right now. Cost of living rises depending on available funds.

I can spend £20 or £100 on a pair of shoes for my son. If his dad habitually buys himself £250 shoes, then I'd contend that the shoes he should pay for for his son should be the £100 ones - ie commensurate with the father's standard of living - the standard my son could expect if he lived with his father.

There's also saving for the child's future education/needs - not a current expense, but part of maintenance in a sensible world (just as the resident parent will be saving for the child's future)

Otherwise it's a race to the bottom for the cheapest of everything.

If a five-year-old is at a private school and has a nanny then they could easily cost more than this. Add in tutor, swimming lessons, horse riding, etc then it all quickly adds up.

A five-year-old going to a state school, attending the school's afterschool club, and going to the local playground costs far less.