to ask for more?

[Ludos]

DH has offered £400 per month as maintenance for 2 DC.

He is self employed with fluctuating income. No point going through CMS as they won't see his full earnings. He usually earns between £500 and £800 a week. Sometimes up to £1000.

I feel like this isn't enough, would it be unreasonable of me to ask for more?

Dividends are paid usually annually, not weekly!

No point going through CMS as they won't see his full earnings.

Loveoddthings am at how invested you seem at proving your theory.

"No point going through CMS as they won't see his full earnings."

No because he pays himself in dividends... I have already said that.

"Dividends are paid usually annually, not weekly!"

Would you rather I give his income as an annual amount?

@Loveoddthings DH pays himself and me dividends monthly.

@Ludos dividends count as income. Unless he's committing fraud he can't really hide them from cms

To those saying £400 per month is plenty / it all depends on their current lifestyle doesn't it? (And these posts were printed before the op clarified)
So, if they live in a house with a £3k monthly mortgage, and do £100 per week activities (dancing, horse riding, piano, tuition and you're there easily); then £400 a month is no where near enough.

"The CMS calculate maintenance based on the paying parent’s gross taxable income. This will not initially include dividend income or any other unearned income. The parent seeking maintenance will need to apply for a variation to have this income taken into account, which the CMS will do if it is over £2,500 per year."

My BF has just been through this and its a lengthy process, plus they take a cut.

To those saying £400 per month is plenty / it all depends on their current lifestyle doesn't it? (And these posts were printed before the op clarified)*
So, if they live in a house with a £3k monthly mortgage, and do £100 per week activities (dancing, horse riding, piano, tuition and you're there easily); then £400 a month is no where near enough.

Unfortunately, while it should take into account their lifestyle, it doesn’t take outgoings into account, only the NRP’s income. The only way things like the mortgage are taken into account would be in divorce proceedings that set up the ongoing maintenance, but even then it can be replaced by a CMS calculation one year and one day after the order (so you’d have to go back to court again and again).

How can you possibly be entitled to over £2000 in tax credits if your partner earns £150k?! Wtf an i doing wrong???

I agree in principle though - it doesn’t matter if other people only get £100 a month or even get nothing. The ex should pay proportionate to his income, regardless of how much that is

C0untducku1a go back and read page 2 as she didn't say that she got tax credits or that she had a current partner earning that amount.

"How can you possibly be entitled to over £2000 in tax credits if your partner earns £150k?! Wtf an i doing wrong???"

Is that to me?!

Thanks @lyralalala that's interesting re mortgage (and somewhere concerning for me personally).

Surely standards of living can't be maintained all the time? Somethings got to give? A non resident parent will usually be going from paying one set of household bills to two - if I was a parent I think I'd be justifying the lack of horse riding lessons with the fact that the other parent is able to afford as equally a nice home that they can go and stay with them in.....

My DC don't go horse riding !

I'm sure living standards couldn't remain exactly like for like @itwasalovelydreamwhileitlasted, as you've rightly said theres two properties to pay for. BUT equally the children aren't to blame here, and the rules are their 'norm'has to be maintained as near as possible, I think. And, equally, as a parent would you want your child to have to downgrade for your choices?

He still needs to declare dividend earnings and pay tax on it.

And surely it is over £2500 a year if the dividends are that significant to significantly impact the amount you’d receive

"He still needs to declare dividend earnings and pay tax on it."

Yes ??

Both parents have rent/mortgage utility bills ext. kids expenses ie hobbies clothes ext are the responsibility of both parents. Therefore a reasonable expectation is that the non resident parent is responsible for half and the resident parent is responsible for half. £4OO a month may not cover all the extra expenses of raising a child eg hobbies, school lunches, clothes ext but the £800 which would cover 2 parents would.

Also the whole half and half thing that’s popular on here doesn’t come into it with CMS either.

It doesn’t matter if the RP is contributing as much, twice as much or half as much as the NRP, the NRP is due to pay the set % of their income. The fact they are a high earner doesn’t mean they should pay a smaller percentage. Neither should they pay less if they happen to earn more than the RP.

Take it and run !! I get £7 p week !!

"My DC don't go horse riding !l

Pretty sure it was an example seeing as you said they have hobbies.

Oh, sorry. Feeling a bit attacked so misjudged that.