Child maintenance (again)

[MummyStruggles]

I posted on here a while back regarding whether after school club fees should be covered by child maintenance or separately.

Recently, DD's father has accepted a new job, which has meant he doesn't/can't have DD as often as he used to. Thinking of approaching him for increased maintenance payments as a result of this.

He has DD with me and another daughter with another women from a previous relationship. I know CSA take into consideration how many children he is paying for but is this taken into consideration if the other child he is paying for isn't mine?

I know it's a bit of a strange one but when he does a calculation online, he'll naturally indicate that he has 2 children to pay for won't he? But one of them isn't mine?

How does it actually work?

If say he had £200 to pay (via their calculations) each dc would get £100.

If his days have reduced you might get more money ?

Easter I don’t think it works like that? A different calculation will be taken for each receiving mother, although each calculation will take into consideration he has another child.

OP have you actually gone onto the CM calculator? It’ll ask how many nights he has your DD, if there are other children living with him and his salary. How much he does it doesn’t pay for the other child doesn’t come into it.

www.gov.uk/calculate-your-child-maintenance/y

Thanks for the replies.

He has one daughter with a women he was with before me, who doesn't live with him, daughter with me who lives with me and another daughter who he has with his now wife and obviously lives with him.

it's difficult to calculate when I don't know his salary but I'll have to just ask him, I suppose.

Three DDs? Ok so the first one is neither here nor there as far as you’re concerned. His obligations to each non resident DDs are the same. So he has 2 x responsibilities, not one lot of responsibilities halved between the two.

The fact he has a resident daughter will be taken into consideration. But that’s not for you to work out.

Does he not pay you any maintenance now? How many nights a week does he have your DD?

You could ask him his salary and then tell him what you expect him to pay. But don’t expect him to answer you, at least not truthfully. You will have to go through the child maintenance service and if necessary they will have to ask HMRC to confirm his earnings.

He pays £170 now. Says his contribution to after school club fees (which are £128 a month btw) are included in the £170.

He has her one night one week and two nights the next week.

Do you currently go through CMS?

My exh has a DS from a previous relationship as well as our DS. When ex and I split up he was paying for his eldest son through CMS. I didn't want to go through CMS. They informed me that BOTH mothers have to have CMS claims if we wanted to go through it that way. One mother cannot open a CMS claim if the other mother refused to. This was 5 years ago so I don't know if it's the same now but that's what we were told then.

Luckily exh is a reasonable man and we all came to a private arrangement and he pays over the odds for both DC.

EasterBunnyiscomingsoon is correct :-)

The calculation will be his income minus 15% for the child that lives with him then 20% of that will be split in half.

If he has put into the calculator that he has her 1-2 nights a week, his salary after pension contributions but before tax and NI and about the other resident child and it says £170 then that is what he pays. After school club isn't relevant. It is calculated based on the nights he has her etc.

No, neither of us (mums) goes through CMS for either DDs. We just have pre-agreed arrangements. It's never increased in the 7 years we've been split either.

Child maintenance is irrelevant, I know. I've been paying that for 6 years myself so I'm used to it by now.

I just wondered if his responsibilities for his daughter from previous relationship impact on what he should pay me for my daughter (considering older daughter isn't mine), that's all.

LittleMissFunTimes and yes his first child WILL be taken into consideration, I know because I'm in that situation. The money is halved.

Yes, it will impact it.

In short then OP the answer is yes, his first dd will be taken into consideration.

The cms as they now are will not care about childcate costs. They will work out what the amount he would pay for 2 children is and give you both half of it. This is because he needs money to live on. Also if he moves in with a person with children this will reduce it further. They will not say your each entitled to 13% of his income if a person with 2 children with him would get say 20. They would split it. Other wise he may think it is not worth him working as his in a worse position. System favours absent parent now.

I would suggest you both ask to review the amount if it has not increased as no doubt his wage has. Ask to see his p60 next month showing the full years earnings then go on cms website input the figure and put in 2 children see what the figure is then half it and see what it says. 170 means his paying 340 a month. I recieve 324 a month for 1 child from ex partner but then he has no other children.

Going to your original question then about after school care, yes unfortunately your ex is right. Whatever the CM is calculated at is what he pays you. However if he needs DD to have after school clubs on the day he has her that’s for him to sort out

How you choose to spent the maint is up to you - would you sanction a reduction if the child were not in day care ? The answer to that is no isnt it?

@Tricia has summed it up correctly

It depends whether the other child's mum is claiming through the CMS. If she isn't then no, the child wouldn't actually be taken into account when the CMS calculate the payment to you.

The child that lives with him will be included in the calculation and also a % will be deducted for the amount of nights your child sleeps at his house.