Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Should I ask for proof for his CMS calculations

10 replies

Or3ngina · 29/07/2021 13:49

Sorry reposing here for more traffic

Exh and I had a terrible divorce in which he lied so much about his affair,future living arrangements and finances.

Our financial order has passed a year anniversary in which there was an agreed child maintenance payment based on cms calculations -probably 2 year old calculations now.

I tried to request he showed proof of earnings annually in the order so we could calculate cms every year transparently but he refused. (A friend got this in her order and thought it was a good idea).

He has now offered an increase. He is nhs so rises are reported publicly but I'm not sure on exact salary or if he has changed roles.

It's enough although he is far far better off and I feel he should pay the true amount. Should I just accept it and keep the peace? Should I ask to see proof (it's acrimonious still). Or should I go to cms for an official calculation? Yes I'd lose 4% but he'd hate the 20% additional. The latter could be used as a bargaining tool to offer proof of his calculations.

OP posts:
chunderwunder · 29/07/2021 13:57

The issue is why you didn't push for regular reviews as part of the order. Why was he allowed to simply refuse and what were you advised at the time? Is the amount even index linked? £200 when your child is a baby, for example, will be worth far less than £200 when they're 17.

I would be trying to find out whether that original order could be amended so that it makes proper provision for wage increases.

Probably just easier to go through the CMS tbf.

LemonSqueezy0 · 29/07/2021 13:59

Cms doesn't charge either of you UNLESS payments are missed. So they will check his salary annually from HMRC and make sure everything is as it should be.

If you can't agree between you, then go to the CMS. Chances are that he may then stop any other payments, eg for clubs, clothes etc, as CMS is deemed the amount he has to pay, and nothing else is required.

Teenangels · 29/07/2021 14:00

You can do a calculations online?
If you know his band etc it will give you an idea.

Or3ngina · 29/07/2021 14:35

@LemonSqueezy0 really? Oh I must have misunderstood. I thought any interaction with CMS themselves incurred that cost. If it is just to do the workings officially then perfect. Thank you!

OP posts:
Or3ngina · 29/07/2021 14:35

@Teenangels I'm not too sure...that's the issue!

OP posts:
Or3ngina · 29/07/2021 14:36

@chunderwunder he wore and wore me down. As I said it was a hideous divorce.

OP posts:
Starlightstarbright1 · 29/07/2021 14:43

It was £20 to set up a case with cms but then they review yearly.

They don't pay per payment unless you use there direct. He would be given chance to pay directly anyway

Essentialironingwater · 29/07/2021 15:02

They can calculate it and then let you go to a private arrangement, so no fee ongoing.

LemonSqueezy0 · 29/07/2021 15:15

No, they don't charge until payments are missed. And it takes them ages to get to that point tbh. So I would say go to the CMS, make it their issue.

Or3ngina · 29/07/2021 15:19

Brilliant thank you all. You can't argue with this.

OP posts:
New posts on this thread. Refresh page