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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To ask how child maintenance works?

33 replies

marcymoos · 25/05/2019 11:57

Name changed as outing... split with husband earlier this year (he kicked us out for another woman) have a DS age 11 months.

He is on about 27k a year excluding tax. He has two Children from a previous relationship who he pays £190 a month for. He gives me £90. To me this is very low but he is saying he has called CMS and that's the right amount as he has pensions (I didn't even know they took this into account) also he said they take into account he has two other kids so it's lower.

He has never had DS over night so I think that's taken into account too. I have used the online calculator on the Gov website and it's basically telling me he should be paying double (at least) what he actually does.

So my question is... is what he is saying true or BS and should I just go through CMS myself ??

OP posts:
Pppppppp1234 · 25/05/2019 12:01

I go through CMS if he is in a salaried wage rather than self employed. It’s a bit of a minefield when it comes to children from different relationships.
Is it based on his income before decisions except for pension deductions, those are taken into account. Also the amount of nights he has DC.
It will cost you £20 to make a claim but at least you will know it’s accurate

Pppppppp1234 · 25/05/2019 12:03

This is from CMS

What if the paying parent has other children they don’t live with?

If your child’s other parent has children from another relationship that they don’t live with, the amount of maintenance you receive is reduced. The amount the paying parent needs to pay is split between you and the other receiving parent. This is called apportionment.

BelulahBlanca · 25/05/2019 12:04

My advice would be to go through CMS. Everything is official than. There’s an online calculator online but it told me Ex would pay £x when in reality it’s over a hundred pounds more so not sure how accurate hey are.

BelulahBlanca · 25/05/2019 12:06

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

boredboredboredboredbored · 25/05/2019 12:10

Yes go via CMS my exh wanted to give me £300 a month when you calculator worked it out at £520. Needless to say I'm the biggest money grabbing cow walking the planet!

notapizzaeater · 25/05/2019 12:11

Def go through cms, they will work it out.

Ravingstarfish · 25/05/2019 12:13

It’s worked out after tax and insurance but before pension contributions. Go through the child maintenance service to make sure you get the right amount, it will be lower because of the other children though.

taylorlynn · 25/05/2019 12:25

That sounds low to me as well. I didn't think pensions were involved but I'm no expert tbh! I would go through CMS also I reckon he is trying to fob you off tbh.

LemonSqueezy0 · 25/05/2019 12:41

Go through CMS as it will take out the worry of negotiating with him, his payrises etc. They will work out his amount, then split it between the number of children he has. So if just your child it might be £300.if he has 3 you'll get £100.

lyralalala · 25/05/2019 12:44

Does the calculator allow you to take the other two children into account?

If not go through it and see what they'd take from him for 3 kids, you should be getting a third of that amount. If it's much higher then go through CMS.

Be warned though they can be a pain in the arse to deal with.

BigRedLondonBus · 25/05/2019 12:48

Have you put in that he has other children? As then it is halved between them.

I just got a letter today to say my ex will be paying £7 a week for our 4 children Hmm

TheInvestigator · 25/05/2019 12:51

What do you mean he called CMS? Have you receive a letter from them information you that he has started a new case for your child? Do you have the case number?

If you havnt got that then he hasn't opened a new case for your child. So you need to do it. Call CMS (I can't remember when they shut on Saturdays but check and call ASAP). Open your own case. It's £20 but it's worth it. Give them all the info you have about him and they will contact him and work out a calculation. It will include the discount for his other kids but at least you will know it's all on the up and up.

marcymoos · 25/05/2019 13:09

He has said he has called them for advice Confused could be bollocks to try and warn me off calling them myself though. The calculator is confusing as I'm not sure what he gets weekly as he gets paid monthly and often does over time. I will definitely contact CMS directly.

OP posts:
Pppppppp1234 · 25/05/2019 15:19

They wouldn’t give an estimate over the phone as it can be so inaccurate as imagine the uproar when it’s over / under. A case would need to be opened for his income to be fully assessed etc

trcebse · 25/05/2019 15:40

That seems ridiculously low based on that wage. Pisses me off how some dads think they can get away with it it's disgusting

marcymoos · 25/05/2019 15:43

That's interesting you say they won't give an estimate over the phone. He was adamant that the advisor on the phone told him £90 is definitely the correct amount.

He's lying to me again then.

OP posts:
geekone · 25/05/2019 15:50

Even if you calculate it on his basic wage so 27k dividend by 52 then he would need to give you £62 per week.

ems137 · 25/05/2019 15:59

I think people have missed the point that he also has 2 other children to pay for.

I know £90 isn't a lot but if he's also paying £190 for the other 2 it might not be far off what he owes you. On the calculated you need to work out how much he would owe for 3 kids and then divide it by 3.

Nearlythere1 · 25/05/2019 16:02

I never knew about apportionment, that's bloody ridiculous. None of the kids should be getting any less just because their idiot father has kids all over the place. It should be the dad that suffers the consequences!

marcymoos · 25/05/2019 16:07

Obviously I'm fine with the money being split between all 3 children fairly. They are early teens now. He does help a lot more with them always paying half for their school trips and half for uniforms etc but can't even buy me a bag of nappies lol..

OP posts:
Proseccoinamug · 25/05/2019 16:13

There is an online calculator. It sounds about right to me. I get £150 but four dc. Slightly higher wage.

nanananan · 25/05/2019 16:31

I think it should be higher if he doesn't look after DS over night at all.

Janus · 25/05/2019 16:43

Just did the calculator for you, did 27,000 divided by 52 and took out £30 a week for pension (complete guess). I also put he had 2 children living with him (which he doesn’t but may say he does). Still came out as £51 per week so £204 a month.
Definitely put in your own claim. If he left you for another woman do your really trust him to be honest anyway??

Janus · 25/05/2019 16:45

Prosecco, I’d check your payments too, £150 a month for 4 children and you think he earns more?? Unless you have 50/50 custody??

Pinkvoid · 25/05/2019 16:48

I personally thought they only counted children living with him, not other children he pays maintenance for... My exH gets away with paying less because he lives with his girlfriends two children which is all manners of wrong to me but there you go.

Do an online maintenance calculator and see what it says then contact CMS if he isn’t paying enough.

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