CMS payments

[starryeyed19]

My husband and I split up about two years ago and are now divorced. He has refused to engage with the process in any way and so we didn't come to any kind of financial settlement as far as the children are concerned.

I had to give up my job to look after our children. He is also unemployed currently but receives benefits- PIP and ESA, I think. He doesn't have the children overnight at all and only sees them when he wants to, maybe once every two weeks despite living around the corner.

I can't really find a job flexible enough to fit around my DS who has various special needs. I would like to ask him to start making a regular contribution towards the children's upkeep but not sure what is fair to ask for.

The CMS calculator suggests £7 per week for both children which doesn't seem like a lot. Am I being greedy asking for more? I was thinking more along the lines of £30 or £40 per week. Does this seem reasonable?

If he is receipt of benefits the weekly amount will be very little unless he agrees to a private agreement

If he's on benefits he won't have to pay much. I'm saying if he's as shitty as you describe he won't pay it & the CSA or whoever it is now will assess him & he'll pay very little.
When mine were little i used to do swap babysitting with other single mums, might be worth a shot

If he is on benefits we won't have 30pw spare for his kids.

It's horrible but that's all he's legally obliged to contribute. Would he help in other ways like childcare so you could work?

No, he won't look after the kids. It's pretty much why I had to leave work. He will have them for a few hours but that's at his convenience. He sublets a room in his house so has some extra income. I would like to come to some kind of arrangement so we have some idea of regular income. He will sometimes pay for food or a pair of shoes but it's nothing I can rely on.

If he sublets a room then this should count as income for the CMS - so long as he declares it of course.

Given what you say about his reliability I think I would open the CMS case and let them sort it.

However I think you will need to accept that it is unlikely you will ever get much from him.

I don't want to use the CMS. I was just using that calculator as a baseline for what might be expected. He's not declaring that income, no.

Thanks for the advice though

If he’s on benefits £7 is the token amount regardless of how many children you have. It’s better than. I thing and if he ever gets a job you’ll automatically get a greater amount.

Sounds like you should ask him for more. Say you are asking for the 30 per week based on the fact that he has an income from his lodger if he is not declaring it you could report him. Sorry you have such a shit ex at least you can be grateful he is an ex.

Thank you all. I'll try tomorrow and see what he says.