Confused by CMS request... for less payment?

[greektouristboard]

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.

By the household income of where the student lives the majority of the time. In this case, the mother's.

Does he earn over the CMS threshold? I believe around £175k? If so, this will be a precursor to a court claim for higher maintenance and potentially a capital lump sum. Also, a court can order child maintenance to continue longer - not unheard of for NRPs to be ordered to continue maintenance payments for the duration of a degree.
I personally think the money should go direct to the child after age 18, but there we go.

Is his dd going to university?

I would divert the money to dd and just give ex th CMS amount.

But he should get the divorce financial order sorted first.

If things are amicable, then why doesn't he just ask her?

I wondered if it may be to do with an application to student finance. Evidence of his STBExW financial status as that affects how much loan his DD is entitled to based on current income.

Declare it based on CMS assessment rather than what she actually receives.

@greektouristboard probably because her solicitor has advised her to. They say things like "he could stop these payments at anytime." Justifying their own costs.

CMS isn't included in student finance calculations as it stops when DC starts university.

DH’s ex-wife did exactly this as she was so convinced that DH was hiding funds from her. She would send messages saying he was a fraudster and badmouth him to anyone who would listen. Oh how we laughed when the CMS amount was £15 less than he’d been paying her 😂 Not a huge difference but enough for DH to feel vindicated. He never got an apology either.

We also pay for private tutoring for DS plus school uniforms/ad hoc clothes and holidays so she doesn’t do too badly overall.

I think he needs to consider paying into an account for his DD when she reaches 18 - why is he buying her a kitchen and renting?

None of it makes financial sense for your DB

My partner paid more than CMS and his ex wife went to them about four years after they’d divorced because she thought she’d get more. She ended up getting about £300 less a month and was quite bitter about it. They had gotten along well up until that point. He paid the difference directly to his daughter. I hope your DB gets it all sorted out, it can cause tensions.

Yes sounds like she thinks she would get more.

But if he is paying school fees etc roo it's very unlikely.

If I were him I would arrange to pay anything when DN goes to uni direct to DN.

Once his dd goes to university money should go directly to her (or potentially he pays the accommodation directly) with just a modest contribution potentially to his exw for holiday time expenses though if it’s 50/50 that isn’t needed. I suspect she’s been advised to apply by a solicitor who was not trying to create trouble as they make solicitors more money (I’m a cynic)

People think things are amicable and whilst this is all very civilised most people want the best deal always.

Could be one of two things. She knows he earns more than he declares but he’s savvy and only pays himself a certain amount and therefore is hoping they’ll be more forensic because she deserves more, he may also be misleading you btw. I also think you being involved in the divorce paperwork is weird and I have had the misfortune of dealing with a family like that and they basically ripped me off and I’m bitter 15 year later.

Or she’s fallen on some difficult times and tried to claim a benefit, they may have stepped in with CMS if the arrangement wasn’t formal.