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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To challenge the CMS calculation

107 replies

UserWhatYouLike · 23/06/2018 08:28

Dp has 2 dc (14 and almost 16)

He was paying for them through the CSA but the case was closed due to switching to the CMS.

He’s received a new calculation from the CMS which is (roughly £100 a month) higher than before. He queried this and his ex has told the CMS that the dc don’t stay over at our house anymore. This isn’t true. They’re supposed to be with him Friday night one week and Saturday night the next, but being teenagers they pop their heads in and go straight back out with their friends. 9/10 they are sleeping over one or other of their friends houses on one of the nights but he is still responsible for them those nights.
The older one also has a babysitting job so depending on if they have a job that weekend is whether or not they turn up.

He normally pays the amount the CSA suggests plus half of uniforms/trips, pays their phone contracts and gives them £10 a week each. we also take them clothes/shoe shopping twice a year and get the majority of what they need.

We are not well off and are just about breaking even each month. This £100 will mean we will struggle. I have 2 teen DC (who spend the weekends in a similar way) and we have 2 toddler dc together.

The contact is court ordered but we’ve allowed the dc to choose to go out/stay with friends if they like. DP is loathe to make them stick exactly to the script as we will then have unhappy DC, plus it will be treating them different to my own DC which we’re conscious of not doing.

We are lucky(?) enough to all live within 5 minutes of each other so his DC often come here straight from school to hang out with my DC, or for dinner a few times a week (depending on what we’re having😂) so we do actually see them a lot more than I’ve suggested.

How do we handle this?

Does DP suck it up and pay the extra or should he challenge it and explain that they should be staying over but choose not to? Or should we enforce the court order and make them stay at ours/not let them go for sleepovers or babysit?

OP posts:
bastardkitty · 24/06/2018 13:29

It's not about who is responsible for them. It's about the number of nights they stay with their father. Your appeal will fail.

CandyflossKing · 24/06/2018 13:35

RTFT - The OP is not appealing. The CMS was not provided with the correct information and as such they are actually over-paying!

lhastingsmua · 24/06/2018 13:46

basically sounds like you have more kids than you can afford and I'm not sure there's a fix for that.

^ this

CandyflossKing · 24/06/2018 14:31

Right - obviously when someone leaves you you should become a hermit living off nothing, having no life and giving your entire savings/incomings to your ex! Ok!

If you read the thread you will see that the children with the ex are recieving more than they did before the 'new' children were born. Not really sure why you think the OP has more children than she can afford just because the ex has decided that she wants more money... Should they just pay whatever the ex demands?

TheOriginalSource · 24/06/2018 18:52

*But the OPs husband isn't just paying £68 per week/£295 per month for both DSC.
He's paying that, along with £60 on phone contracts; £80 per month pocket money between them; plus any additional costs of having them over for dinner on non contact nights (which they haven't complained about and saves the mum money), plus the cost of the contact days itself.
You're looking at almost 1/3 of his wages each month once it's all added up.

And that is before the summer and winter clothing haul, saving the mother money, the half of all school expenses, the extra weeks in the summer.*

This with bells on.

OP you are DNBU. I'm glad it's been sorted out. I hope she doesn't try to mess about with the expense of a pointless court battle.

cochineal7 · 25/06/2018 01:05

@pleasebeafleabite but the RP went on to have another child with her new DP and neither of them are working. Not ok either for you? You want financial tests for all parents or just NRPs?

UserWhatYouLike · 25/06/2018 09:14

Still waiting for someone to come up with a figure they think is acceptable for him to pay towards each child

OP posts:
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