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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.

CMS - should this be included?

4 replies

Cupola · 21/10/2019 12:33

I'm looking to make a CMS claim for the first time for 16yo son who is full time education, due to a break down in the private arrangement made. My ex is employed and also receives a monthly payment from a life insurance policy relating to his first wife who passed 21 years ago. The value of the payment changes as it's paid in euros and converted. Is this considered income for the purpose of the calculation?

Also, my ex lives with his current partner, their joint child and her child from a previous relationship - I presume I state my ex lives with 2 other children?

Thanks

OP posts:
waterSpider · 21/10/2019 14:20

Latter point is easier -- yes that means two children for him.

Income point -- depends precisely what it is (see www.citizensadvice.org.uk/family/children-and-young-people/child-maintenance/child-maintenance-2012-scheme/child-maintenance-calculation/the-2012-child-maintenance-scheme-calculating-maintenance-income/) More likely if it is part of his taxable income, such as a pension payment. Less likely if a kind of investment.

Cupola · 21/10/2019 14:25

Thanks @waterSpider

Re the other children, do you think it would make a difference if the partner received maintenance for her own child from his father? Either way it doesn't affect the calculation too much but I'd rather be accurate.

On the additional income, I think it's not to be included in the first instance but you can ask for it to be reviewed.

OP posts:
waterSpider · 21/10/2019 15:17

Re the other children, do you think it would make a difference if the partner received maintenance for her own child from his father? <

Makes no difference to your calculation.

Cupola · 21/10/2019 15:28

Thanks for that @waterSpider 👍🏻

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