Confused by CMS request... for less payment?

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My DB has been separated from his STBXW for around five years. They’re in the process of divorcing, which has been a slow process as their finances are quite complicated and neither of them has been in a rush. It’s been an amicable process and they communicate well about their DD. My DN is in year 12, lives with her mum but spends lots of time with my DB and has a great relationship with both of them.

DB called me this evening to say that he’s just received a letter from the CMS regarding a claim which has been lodged by his STBXW. They’ve never been through the CMS before and she hadn’t mentioned she was putting a claim in. Of course she’s entitled to, but he’s baffled as to why, so I said I’d see if MN could help us understand.

He’s always paid significantly more than his obligation (over 3x more), regularly without fail each month, plus paying school fees (with a commitment for university too) and bigger ticket items e.g. he paid 100% for a new kitchen when required a couple of years ago, pays for car maintenance etc. His STBXW and DN live in their house whilst he is in a rented place – again, he’s not complaining as he’s waiting to sort out the divorce before he buys, but I genuinely think he is being generous (as he should be!) to look after his DD.

So… he asked for a sense check on why she might be going via the CMS, given that it would result in a significantly smaller payment than he makes now, and just as his DD is close to reaching 18/leaving school. But I’m baffled too!
I’ve only lived in the UK on and off for quite a long time, so I don’t know her very well personally but this seems out of character. There doesn’t seem to have been any falling out or specific incident that he can think of. And there doesn’t seem to be any advantage for anyone. He is really keen to make things right (and will of course respond to the CMS quickly and won't reduce payments anyway, unless she wants him to!?) so any insight wise MNers can give would be amazing.

Could his STBEXW have believed she would get more maintenance this way? Has your DB ever been late with payments?
Are the payments regular or sporadic?
These are usually the reasons someone who had previously had a private arrangement choose to go through the CMS.

Might she think he will end payment when DN is 18? CMS will carry on until she turns 20 if in full time education

No idea why she went through the CMS if he pays regularly and on time. But he doesnt have to pay the amount they've said. That's the minimum he has to pay. So be can (and should) continue paying what he is now.

She may have heard stories of people’s negative experiences and feel she needs the security of CMS involvement.

If it's so amicable why doesn't he just ask her?

If I had received anywhere near the amount my ex told people he paid towards our DC I would be a rich women.

Interesting you jump straight to calling her STBXW whilst at lengths to say how amicable and generous he is.

I really doubt you’re helping the situation here.

Only if in secondary education, not uni

If they’re so amicable and he’s such an amazing
generous guy then why doesn’t he just ask her what’s going on?

What’s wrong with STBXW? Isn’t it “soon to be ex wife”? MN uses acronyms all the time, “DW” wouldn’t be accurate, and neither would “ex”.

You say they community well... ive got an idea, he could ask her.

Is he sure it isn't a scammer pretending to be the CMS? If I were him I'd call them using the number on their website not the letter to check.

This.

What your brother is telling you might not be 100% true op.

Thanks so much for your responses! Trying to respond to everything so far in one go:

Sorry if I used the wrong acronym - as a PP said, it was the closest I could think of.

I've been helping him with some of the divorce paperwork, so I've seen the last 2-3 years. I haven't seen paperwork older than that so can't confirm for the whole time, but he's telling me the truth about recent years at least. There's a regular monthly payment plus other payments as and when which match up to what he's said.

The thing about DN getting closer to 18 is interesting. I know they've discussed ongoing support through uni (if she goes) but I'm not sure of the details, so I'll flag this to him for sure.

I think the reason he hasn't asked her is that it's really unusual for her to do this without discussing it, which left him a bit stumped as to the appropriate response. He said he also doesn't want to ask a sensitive question if it's strategic or protective her side. Before going back, he wanted to have a sense check first in case he was missing something. I was no use, so really appreciate all your views.

And yes he'll keep paying what he's paying now!

Is he sure she asked? CMS got involved when I was a child for no apparent reason- not requested by either side. Almost caused a falling out between my parents who were amicably separated and as in this case my dad paid more than required (though not as much as your DB).

How are student loans calculated?

They used to automatically get involved if the RP claimed any benefits so it could have been that. That was the case even when they stopped including CM as income and reducing benefits accordingly

I really wouldn't, pay the amount CMS require to STBX and then pay the additional balance to what he has been paying direct to DD's bank account for her use.

It’s odd that the claim has been made now, as I believe CM ends when the child is 18. However, I suspect the STBEX believes your DB has way more income than letting on and she’d like to know this for sure to get everything she’s entitled to from the divorce. Especially as your DB can stop all current financial help when the daughter turns 18.

She’s getting her ducks in a row so to speak.

@TurtleGroove STBXW is soon to be ex wife. It’s true. What’s wrong with it?

If your niece does go to Uni, your brother could send her the money directly rather than to his former wife. His financial obligation is to his daughter, not her mother. Sounds as though he has been generous so far.
I also wonder whether the CMS claim is a vehicle to get precise info on your brother’s income.

Just wanted to say a quick thanks again for responses. You've given me some great questions/thoughts so I'll chat to him in the morning and be back after that.

DB says thank you all!

I chatted to him about the "ducks in a row"/suspecting he has a higher income than she's aware of and he thinks this makes sense. They have a few businesses together where she sees the financials, but she's not involved in his "day job" business. They're in the process of getting an independent valuation done of that business which involves going through all the management accounts, so maybe she's just taking a belt and braces approach to confirming his income in every way possible. He assures me everything will tally up so hopefully that'll be reassuring for her.

Apparently they've talked through a few different scenarios depending on whether DN goes straight to uni/gap year/work and whether she lives at home during that time (very much up in the air). But they haven't confirmed the details. So this could also be her trying to prompt more certainty on that discussion, albeit a bit of a weird way to do it as they've spoken openly about it before.

It feels like the ducks in a row/higher earnings theory sounds most likely, but he's still a bit baffled so any other insights gratefully received.

I may be wrong but being a single parent who recently bought a house could this be to do with a mortgage application.

I was able to include maintenance payments in my affordability assessment as I could demonstrate my ex was paying regularly and consistently and had been for some considerable time. Had that not been the case they only would have considered if it was following court order or via a formal arrangement via cms. Just a thought