Has anyone agreed maintenance through the Court higher than the CMS calculator?

[Kole]

My ex and I have reached an agreement about the equity of the house. However, we are now arguing about the maintenance. The CMS calculator states that he has to pay £762 per month. After paying all my bills I'm going to be left with around £350 p/m whilst he will be left with £2,000 p/m after bills. I've two children 3 & 7 to support. This doesn't seem fair to me. Just wondered whether anyone else had gone to Court regarding maintenance and actually been awarded more than the CMS guidelines.

A court could order higher child maintenance, but it wouldn't be long (12 months) before he could go back to CMS and get it returned to that level.

As he is a high earner, then IF you were married, spousal maintenance (i.e. for you) is possible, but not all that common (though more common in London it seems) and sometimes time limited.

Of course you can agree a different amount between yourselves (!). Or, consider if he could pay for specific things (kids' activities, private school or child care fees, future savings for children/funds) outside of CM.

Note you may now have some entitlement to tax credits, and will re-qualify (unless a higher earner, it sounds not) for Child Benefit.

Thank you for your reply waterspider. I know my ex won't budge so wanted to see if anyone else had had a similar experience.

I think you will be expected to get a job if you don't have one already?

You might get a year of court ordered if he is a high earner?

I work 4 days a week so I’m earning too and get help with working tax credits etc. My ex is a high earner. I just wandered whether anyone else had any experience with maintenance and court?

Were you married, or not?

Exh pays me the standard CMS maintenance but my financial order contained an agreement for him to pay 40% of the chilcare (worked out using half days by who was dropping off/collecting and it averages I need 6 sessions and he needs 4 per week). Something like that might be an option as you both work.

Oh, and I assumed you were married and getting divorced. Sorry if that's not right.

Kole, I don't see a court awarding any higher than you're currently receiving unless there are some exceptional circumstances involved. Regardless of what you're left with after bills, that's one of the higher payments I've seen.

What do your outgoings look like? I'm wondering if a better avenue for you could be to try to reduce those. I know it feels unfair because of how much he has left over after bills but if the CMS amount is what you're going to get, it's time to start cutting your cloth accordingly.

Court order states he pays me the legal amount stated by CMS. Also half of uniforms, activities and school trips.

He will also pay for ds1 until he is independent as he has extra needs. This is an unusual agreement though

I was in the same situation. I was advised by my solicitor that I won't get more than the Calculator shows, even is the children had out of school clubs and classes. Unfortunately I had to give up some of those and I continue to pay for all their remaining classes, uniforms, school trips, dentist, etc as he refuses to pay for anything on top of the minimum he has to pay.