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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Monthly payment reduction

11 replies

ScoobyCan · 02/07/2018 06:13

STBXH has decided he can no longer afford his children (because money grows on trees?) so has reduced already meagre monthly payments significantly.

How do I go about getting payment at source ie directly, and does this cost money to do? I don't want to have to bother my Solicitors with this as it'll just cost more money which I really don't have. And I expect once he realises I've gone down this route, he will jack in his job anyway, but that's another thread entirely...

Thanks all.

OP posts:
Imchlibob · 02/07/2018 06:52

Is the reduction going from a more generous support level to the CSA-calculated minimum (15% of income) or is he trying to go less than that?

Is he employed in a PAYE type job or is he self-employed?

ScoobyCan · 02/07/2018 07:25

Thanks @Imchlibob - we previously agreed on a rate going back a couple of years, and he's now going £200 less. He was self employed when we agreed that rate, now he's in FT employment.

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Notbeingrobbed · 02/07/2018 07:37

Mine is refusing to pay a penny, claiming he is short of money and it should come out of what I have to pay him to buy my own house! He has money for an active social life and trips abroad, though. Solicitor is not negotiating well. I may have to go to CMS.

MrsBertBibby · 02/07/2018 07:45

There is not a lot a solicitor can do about child maintenance, as jurisdiction is exclusively with the CMS.

Call them up, pay the £20 and ask them to assess. Then you will have an enforceable entitlement.

Decline the "family based arrangement".

If you think husband should pay more than the CMS says then you can look at spousal maintenance with your solicitor, as that is a Court based remedy.

ScoobyCan · 02/07/2018 07:50

Thanks @MrsBertBibby - I shall call CMS this morning and get the ball rolling.

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Notbeingrobbed · 02/07/2018 08:20

CMS will take a cut of the cash, of course.

MrsBertBibby · 02/07/2018 08:35

No, they won't. Common misconception.

That only happens if you are on collect and pay. Direct pay is fee free (other than the initial fee, which is means tested.

Notbeingrobbed · 02/07/2018 13:16

If it’s a common misconception, please explain this on the CMS site:

Collection fees
If you decide to use the Collect and Pay service you’ll have to pay fees for collecting and paying out child maintenance.

You’ll have to pay a fee each time you make or receive a payment:

paying parents will pay a 20% fee on top of their regular child maintenance payment
receiving parents will have a 4% fee deducted from their regular child maintenance payment

ems137 · 02/07/2018 14:05

They only take a cut out of the money of the receiver IF you decline "direct pay".

MrsBertBibby · 02/07/2018 14:07

Precisely. If.

ScoobyCan · 02/07/2018 18:13

Thanks all - CMS were most helpful, suggested I give him 24hrs heads up (opportunity to rectify two months of reduced payments) and then give them the go ahead to start proceedings to secure direct payment from source. Appreciate all your help.

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