CMS advice to DH

[FallenFigs]

Me again...

SthxH has kids 40%, I have made a claim to the CMS as he was paying each month, has stopped etc etc.

The amount is pro-rata'd because he has them some nights. He currently pays pocket money, a few other bits. I pay some sports clubs, all school lunches etc (even on the days they go from his house etc). He has said the CMS have told him that because he is, or will be, paying CMS, that he doesn't need to pay anything else AT ALL for the kids.

In effect, that I should pay all costs for the kids. Even things like sports clubs on the weekends he has them, lunches for school on days they go from his house. I know this isn't right, but unfortunately as they have told him this, he will now only do that.

I would understand if they were with me 100% and he paid me 100%, but it is pro-rata'd down to account for the fact he has some responsibility too. How on earth can I get him to understand this? As it's really very frustrating.

It depends on if he liquidated another asset to buy a bigger house. Or kept that asset and sought a bigger mortgage to secure a bigger house.

The other asset and his smaller house are probs about the same as ‘my’ bigger house. With a slightly bigger mortgage on my house.

@FallenFigs I think legally you don't have any options. Morally, as I said it depends on who got what in the split. If it was 50/50 then you might reasonably be aggrieved that he's paying less. On the other hand, if you got more it's a bit unreasonable to expect him to be left with the same income as you; some of that extra income is for him to catch you up in terms of assets.