Advice on child support (CMS) payments

[Namechangedabc123]

Name changed to keep this separate from other advice... I'd like to see if anyone has any advice or suggestions on CMS payments for a friend I work with.

She divorced 7 years ago and created an informal child support arrangement for £300/month based on the CMS calculations at the time, which has been paid on time. They also agreed to split childcare costs 50/50 for the 2 kids (now 15 & 14).

Since then costs have gone up but the payments stayed the same and suspect he has had a decent pay increase over time. The 50/50 shared costs have not been honoured with her having to pay most of them. They have a 70/30 custody split and while he agreed to take time off during holidays to look after them, he hasn't and left it for her to deal with and pay those costs as well (eg clubs).

The father has a new partner who has 3 additional children (not his and they are not married) so he thinks he can’t afford to pay and is trying to reduce the payments for his kids... what advice would people suggest?

Can she go after the missing 50/50 costs via small claims court? Is it a good idea to get a formal CMS agreement now? He is doing the bare minimum and she wants to equal things up now.

Is he still paying the child maintenance?

Why do a 14/15 year old need child care?

Well she can raise a Cms claim based on number of nights.

if he lives with his partner he’ll get a reduction for her children

She should have just used the CMS from the start as they review the NRP earnings once a year,or they should have used the calculator to have reviewed it once a year.

Anyway, as I assume she isn't in possession of a time machine, I'd put in a new claim with the CMS today, take the middle option which is a small one off admin fee, they calculate how much he should pay once a year and then he sets up the standing order accordingly.

As for the other costs unless she's got it in writing that he would pay and she still has all the receipts I don't think there would be much point in the small claims court and would just I crease animosity.

All she can do is go down the CMS route.

They will award her the absolute minimum, and his girlfriends kids will be taken into account if they are living together.

It won't be equal at all, the system absolutely sucks.

It's a risk. She is only entitled to the CMS rate, no childcare (do they still need it?) They will take the other three DC into consideration if he lives with them. I'd be wary.

For the small claims court she will need to have an enforceable agreement to pay for agreed childcare. What do you mean by this and what was it specified in the agreement?

A CMS calculation will now take account of his stepchildren.

Thanks for the replies... she's been completely taken advantage of really.

By childcare costs, I meant things like school uniforms, school bus (on his days), phones, sports clubs, school trips etc... just used the wrong word choice, sorry! Basically she's paid everything so the kids didn't miss out.

The father is due to move out of his house and into hers, so is it worth getting something in place now? They are not married and the children are not his, so would that still be factored in? Would he need to prove he is responsible for them otherwise couldn't he just move in with anyone to lower his CMS payments?

It doesn't matter if they are married or not, if he's living in the same house as the kids then he's deemed to have financial responsibility of them, and so his payments will be lowered, he doesn't have to prove anything unfortunately.

His CMS contributions would be his payment for everything, he wouldn't have to pay anything else at all. She wouldn't be entitled to anything additional from him, not childcare, not uniforms or clubs, the amount the calculator decides is literally it.

It's such bullshit.

There's no obligation to use her stuff on his days though is there? eg pay 50% of the uniform or buy your own for the days they are with you as an example?

He should be paying for everything in the time he has them, however, if he refuses then there's not a lot she can do.

I sent my kids to my ex wearing properly fitted , appropriate clothes, and he sent them back in tshirts that were too small and tights, and I was told there was nothing I could do about it, other than send the kids back wearing the shit he sent them to me in, and there was nothing I could do to get the clothes he stole back either. He took hundreds of pounds worth of stuff.

My choices were to either neglect my kids, or provide everything because he wouldn't.

As long as these men are paying the basic rate of CMS they get let away with everything else ime.