Should I go through the CMS?

[CrazyCatLady00]

We have 2DC and currently have an agreement between us that he pays £800 a month in CM. He earns 80k a year.
Since this agreement, both our situations have changed and I’m now wondering if I should go through the CMS but I’m not sure how it works exactly? So my ex is now living with his gf and they have a joint bank account, I can see this from the account details from maintenance payment. Would the CMS then take her salary into consideration too? She also has 2DC so would I get a deduction for that?
I am now living 2hrs away which means he only sees his DC about once a month. Would this effect payments.

No what she earns is not considered but the calculator does ask if they paying parent lives with other children so I assume they are taken in to consideration.

If you Google CMS calculator the .gov one will come up and you can put in the details you know and check if you are likely to get more money through CMS. The amount you’re already receiving sounds about right though.

Your ex’s new partners salary is not taken into account, nor should it be, but the fact that your ex is living with other children will be considered, and he will be given a discount for it. The number of nights he has his children will also be taken into account.

As you’re already receiving a decent amount you need to be careful because going through CMS could mean you end up receiving less.

The amount is dependent on the split of contact so if you think he owes you more because he has less contact then it’s worth applying. But he can choose to include her DC in it which might reduce what you get and of course her income is nothing to do with what he pays for his kids. If he’ll pay less because of her kids he might want to go through CMS himself.

Thanks for the replies. When I had dealings indirectly with the CMS many years ago, my partner I was living with at the time had a child and my salary was taken into consideration. Seems it has changed now hence me asking the question.

That's odd crazy they never took the partners income in to account but my knowledge only goes back to 2015 so maybe it was before then?

Maintenance has never been calculated on a nrp partner salary only on what the nrp earns afaik

I don't know why your income would have been asked for

Your maintenance will be lower through the cms - he will have deductions for the children that live with him and and he can also apply for a reduction due to mileage costs.

Yes I’m going way back to 98 😳

That is along time ago. It was CSA back then and I think they did include the non resident parents partners income.

It is pretty nuts how she has her own dc and her own job. Possibly Cms of her own to claim. Yet your dc can be granted less because he is living with her dc!! Your dc pay the price for df's gf having dc! Pretty shoddy imo.

CMS also take a cut of payments. So if it turned out he should be paying the 800 mark you'd actually get less.

CMS calculator suggests that on £80k a year, the maintenance payment should be £824/month. But I put in the full £80k - bear in mind that the payment is based of taxable income, so if your ex makes any pension contributions that will lower the amount the CMS is calculated from. My industry for example has almost 10% mandatory pension contribution, which for your ex's salary would reduce his CMS payment to £755. So you might get less by going through CMS.

800 is about right on that salary depending on pension contributions and number of nights.

were You hoping you get more so his partner also pays you ??

@millymollymoomoo no, I was just asking how it works if I took it through the CMS

Shit that’s bizzare, wrong thread, same subject!! Didn’t mean to re ignite a zombie.