Cms advice

[purplecat26]

Hi,

I’ve split up from my husband a few months ago and looking for some advice re maintenance. I work part time my kids are primary school age. He earns around £60k year I earn £18k a year with some top up of benefits on top of that. He’s still in the marital home and I’m renting. We are doing 50/50 split.

At the moment he is paying me below the maintenance calculator suggestion around £100 less. It’s just an informal arrangement between us. He also pays for half the childcare and kids clubs which still is below the suggested maintenance amount.

Would I be entitled to the maintenance through the cms service or no because we are 50/50? I’m in receipt of the child benefit.

Any help greatly appreciated as the advice is so conflicting.

What's the suggested maintenance that you are basing that on? Where did that number come from if you are 50/50

I believe that it used to be that a large income difference could still result in payments even with 50/50 care but I think that has been less certain recently.

If he is paying you then it may be sensible not to rock the boat.

The wider question is why are you renting while he is in the house? Can you sell the house? Move back in? The rent alone will make a huge difference to your comparital free income.

Using the child maintenance calculator I get the figure £290 and that’s putting in 50/50. He originally paid me £280 plus clubs then it was £200 plus clubs now it’s looking like just the £200.

The CMS calculator is incorrect in what it suggests for 50:50 cases. With very few exceptions (eg if one of the parents earns over £156K), if it's really 50:50 then no child maintenance is payable.

His plan is to buy me out. I’m renting as I couldn’t live with him anymore as it was affecting my mental health. He refused to move out. Said he put more into the house than I did. I get help from uc for this but wouldn’t get help to cover mortgage payments.

If it’s true 50:50 there is no cms due at all . The calculator states it not valid for true shared care. His salary isn’t high enough to be considered outside of cms

what’s the plan to divorce. Where are you in financial settlement. Are you seeking full time positions ?