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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To ask for help with Child Maintenance Calculations

18 replies

MrsJonSno · 10/11/2018 13:50

My ex and I have separated, he’s moved out. We have a 4 year old and he has two kids from a previous relationship whom he has 50:50. He works full time I work part time. He now rents a flat so our costs have both increased dramatically as two homes to run not one. He is having to work overtime and I need to increase my work hours and neither of us have family help.

Far from ideal but he’s going to have to have his children from a previous relationship slightly less. He can’t manage it on his own practically and I cant help like I used to as I simply need to work more. Our children go to different schools so neither of us can take both our own child and his to school or collect at the same time. We can’t see another option.

Their Mother works two days a week so practically she is available for them if needed but has hit the roof despite the fact with work etc he will see far least of our chikdren than he will theirs- she’s livid. He needs to reduce his time with them to 2-3 nights a week, so not a huge amount less but she’s hit the roof and said she wants Maintenance paid to her if it’s any less than 50:50. He’s trying to calculate how much this will be. He will of course continue the usual payments for their activities etc and will be having them lots still but needs to calculate how much he needs to pay been directly before we try and find out if this is a viable way forward.

Does anyone know how this works? He will have 3 children with two Receiving parents and the online CMS calculator doesn’t seem to cover this scenario with multiple kids in different situations. :(

He will be earning £600 a week before Tax including overtime. He will have two children (his) 2-3 nights a week but he will not have our child overnight at all. Please could anyone work this out for us? I’ve said he’s ok to not pay me much for now until he’s back on his feet financially as he’s struggling but of course our child is included for calculation purposes. He will be paying all the extras for them like their football club etc plus the CMS calculated amount to his ex plus having them 2-3 nuts a week so he isn’t trying to avoid supporting them we just need to know to see if it will work financially and the CMS were less than helpful when he called as they said just set it up and have the claims in place before we can get a rough figure. Thanks.

OP posts:
PerverseConverse · 10/11/2018 14:31

A 50:50 equals no maintenance so she is right to say he needs to pay her it now. I have no idea how it works out though if he has his 2 children 2-3 days overnight but not yours. The CM people will be able to work it all out though. Why does he need to reduce the amount of time he has his other children?

PerverseConverse · 10/11/2018 14:33

Also why are you both paying for both homes? Might have missed something there but surely you are now each responsible for your own homes.

HerRoyalNotness · 10/11/2018 14:39

Don’t let him off paying the correct amount for your child! If he can’t afford it all he will have to stop paying the extras for now until he’s back on his feet but should definitely pay maintenance for all 3 children.

Isleepinahedgefund · 10/11/2018 14:40

My ex was in a similar situation. I believe he needs to do two separate calculations, one for each ex with each set of circumstances.

If one of you uses the CMS, the other family won’t be taken into account unless both parties make a claim. So he might be better off asking CMS to do the calculations rather than trying to work it out himself. Then he can pay you both directly to save the collection fees. Also saves any arguments that might arise as it’s a complicated situation. And what if he meets someone and has another child????

MrsJonSno · 10/11/2018 14:40

Yes he will of course pay her the maintenance he is required to I just wondered if anyone knows then calcualtion for when there’s two resident/receiving parents. CMS said they won’t run a calculation to provide rough figures until the claims are made. So he can’t see if it will work or not as it depends how much he will have to pay her. Having 2-3 nights a week he’ll still have to have a room for them and pay all their extra clubs etc as their Mum won’t so we need to see if this works before now it’s put into place

What I meant was between us we used to pay for one home now we each pay for one. Both our outgoings have dramatically increased hence we both need to work more :(

OP posts:
MrsJonSno · 10/11/2018 14:41

I do see you’re point

OP posts:
MrsJonSno · 10/11/2018 14:43

Argh posted too soon. I meant “I do see your point HRH” it’s only short term. He’s massively struggling financially as he’s just moved and wants the upset to his other chikdren to be minimal. But he has already considered he may have to cut back on their extra clubs for a while.

OP posts:
JustAskingForAFriend · 10/11/2018 14:44

2 to 3 nights isn't 50/50.

RCohle · 10/11/2018 14:47

You seem to be being very accommodating of your ex. You need to put your own son first here. I would leave this to CMS to sort out, then no one can complain they're being treated unfairly.

ghostsandghoulies · 10/11/2018 14:47

I would work out the maintenance for 3 kids.
He has 2 kids with you with no overnights so you get 2/3 of the maintenance.
He has 1 kid with his other ex for 2 overnights so she gets 1/3 of the maintenance which is further reduced by the overnights.

user139328237 · 10/11/2018 14:48

And its also not the current arrangement @JustAsking
Basically CMS is fucked up for parents who have their children 3 nights a week in my opinion as it only gives a 3/7ths discount on the figure payable despite the time being split 42/58 so this is likely to be the worst possible outcome financially.

Anythingforacatslife · 10/11/2018 14:48

Why can’t he continue to have them 50:50 but sort childcare like any other parent would have to?

HerRoyalNotness · 10/11/2018 14:48

I used the calculator and did 2 scenarios.

3 DC, less than 1 overnight, came to 114 per week

2 DC, 2-3 overnights, came to 69 per week.

He could pay the 69 per week to first mum and then the difference 45 to you per week.

If you put in 1 child, less than 1 night a week, it comes out 72 a week. But I think that’s because the percentage decreases with more children, so I think they the 45 above is a reasonable number.

user139328237 · 10/11/2018 14:55

3 children no overnights comes to £114.
2/3rds of this is £76
4/7ths of this 2/3rds is £43.43
the remaining 3rd is £38
so I imagine it'd be £43.43 per week to her and £38 per week to you based on 3 nights a week
Zero nights would only cost him an extra £33 pounds a week and I wonder why so many Dad's choose to have no contact considering the extra expense that overnight contact incurs.

MrsJonSno · 10/11/2018 15:05

Justasking- I know. He’s always had 50:50 that’s 4 nights/3 nights alternate weeks. 2-3 nights is what he’s thinking of reducing it to.

RCohle- I don’t think I’m overly accommodating. Just reasonable and being a decent person, there’s no bad feeling here between us. Doesn’t benefit our daughter or his children to have a Dad struggling to find his feet, in debt or homeless. I have savings I can use to cover the shortfall for a few months whilst he gets extra work hours etc.

OP posts:
MrsJonSno · 10/11/2018 15:11

Askingforafriend- currently its 3/4 alternate weeks so exactly 50:50. Has been for years. He’s proposing 2/3 alternate weeks.

Catslife- He works shifts so often late or nights- childcare is almost impossible unless at a ridiculous price. Never an issue before as overnight I’d be here with them. Also they wouldn’t like it anyway (one has some SN) and they aren’t better off with their Mother one extra day a week than at home overnight with a stranger. She has no others kids or commitments and works 2 days a week as she has a rather wealthy new partner.

RCohle- We get along fine, help each other and there’s no reason or benefit to me or the children to have their Dad a financial mess, in debt or homeless. A few months giving him some slack doesn’t hurt me or our daughter.

Thanks everyone for the calculations. Appreciate it. Shame CMS aren’t a little more helpful! :(

OP posts:
MrsJonSno · 10/11/2018 15:12

User. Thank you. That’s what I thought it may be but CMS refused to confirm if I even had the calculation right!

OP posts:
ohreallyohreallyoh · 10/11/2018 15:37

I think Child Maintenance Options should be able to do the calaculations for you if you give them a ring. If not, may be worth paying the £20to open a case with CMS and get it officially sorted.

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