Advice on reduced child maintenance payments

[Oscillationss]

Posting for a friend who's ex has lowered the monthly maintenance payment without notifying her in advance. No point in going via CSA as it's still above the minimum.

It's just the fact that he didn't put anything in writing to advise that he would be doing this- surely not OK? Is there anything that can be done about this? It just seems a bit shit and that amount of money is the equivalent of her DC's monthly after school activities cost.

AIBU to think there should be some sort of consequence of leaving a RP in the lurch this way?

Before anyone tells me to keep my beak out she has asked me to post here

It’s very shitty but unfortunately there is nothing to do. He is still paying above the legal minimum so that’s it as far as anyone in authority is concerned.

The child maintenance system in the U.K. is woeful. It’s not fit for purpose. Ideally there would be a notice period before changing maintenance payment but that’s waaaay down the list of things to tackle if the system were to be overhauled.

So he can reduce payments and not tell her until she notices a lower payment has arrived her account and there's nothing she can do?

Was the payment subject to a court order?
Can she not tell him his DC will now have to stop certain activities? Even if they're not usually in contact she can text or write to him.

If he's paying above the recommended amount there's nothing she can do.

There shouldn't be any consequences if paying the recommended amount or more, anything on top is voluntary.

He knows why he has done it, nobody else can say why he has and if it's fair or not. Down to the two of them alone to resolve.

He can pay as much or as little as he likes so long as he's paying the minimum amount the CMS specify, without telling the mum.

Bit of a dick move not to tell her, but plenty of separated parents have difficulty in communicating so not particularly surprised

If there is no financial order, any payment above the minimum is voluntary. No need to inform someone you are stopping a voluntary payment. Rude, but not illegal.

Even if it was below the legal minimum CMS wouldn’t do anything. My exh has never once in 18 months paid the amount they say he should - more as a type of control than lack of money. Despite them telling me repeatedly of the enforcement action they could take here we are 18 months later and nothing changed,
I’m sorry for the impact on your friend but there is nothing they can do. I’ve spent time rebudgeting so if I get any money it’s a bonus rather than something I depend on.

Best advice to give your friend is to consider anything above the minimum as a bonus and not to expect it at all.

What would she have done if he had a sudden drop in wages and he had notified her short notice that it was changing? Wouldn't be much different. This is why court orders are usually a good idea, and to ensure you always budget should you be paid the minimum necessary.

Shitty thing for him to do but without knowing their circumstances/relationship can't say whether this is reasonable or not.

He perhaps could have let her know. But sounds like he's still paying a reasonable sum. Have his own circumstances changed?

He is still paying above the minimum, things change in life he might have had to go part time for health reason and or been made reduanet and had to take a lower paid job the NRP should not be penalized for paying more then the minium if curcumstances change unless you expect the NRP to go into debt to keep the RP and the children in same level of lifestyle despite the NRP circumstances changing.....

Her DC have told her that he is paying the difference directly to them now.

Thanks for your responses. Still a shitty thing not to have told her but I suppose there's little she can do about that.

@Oscillationss if he's paying above minimum and wants to ensure the extra goes on the kids then there's no harm at all in him paying the difference to them. I actually think this is a good idea and I would probably do the same. At least it's going towards his kids. His mistake here is the lack of communication. All the best to your friend.

If he's paying the difference directly to the DC they can pay for their own activities. How old are the DC?

Maybe he’s stopped the difference as they won’t have after school activities in the summer holiday and now he’s giving it them directly so they can choose their summer activities.

If he's paying the difference to the kids and it's still above the minimum I don't really see the problem? If the difference money is usually used for the activities, if it matters so much then the kids would want to pay for it themselves surely?

It is inconsiderate not to tell her as presumably she budgets including it. Perhaps the kids could use that money to pay for activities or whatnot that the mother used to pay for under the previous regime.

It is shitty not to consider the rp's need to budget. At least he's still passing the cash onto the children.

Yes your friend should ask whetherthey want to continue the activities and if they do use this money to pay for them if she can't afford them anymore

How old are the kids? I think it’s fair enough if he’s been paying above what is set out and now pays the excess to the kids.....

If I was the mum I’d be gently letting the kids know (only if late teens) and advise that clothing budget or whatever might reduce slightly