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 ?

Until recently I had a true 50/50 child care agreement and also got CMS.

That’s typically only in
csses where there is a very high earner. Of which Op ex is not

op should be seeking to improve her own finances ( ie work full time) not just expecting benefits and cms to allow part time.

of course that’s not to say ex should not contribute towards raising his child/children such as clothes/unifofm:/clubs etc but that’s not through cms

He should not be paying you anything if you have 50/50 and splitting costs like uniforms etc...

Do you mean 50/50 split of care for the children? Ie they spend equal time with each of you? Or do you mean 50:50 split of assets eg house equity or savings, as part of the divorce?

With a shared care set up of 50:50 neither of you would be due to pay child maintenance to the other.

You’d each be responsible for paying childcare on your time.

If he’s happy paying what he is atm then in your shoes I’d be staying very quiet as you’re getting - in respect of what he would legally be obliged to do - a very good deal.

There are two recent threads from people with 50/50 care who pushed with CMS and have both ended up losing out massively that might be worth a read.

Also if you push with CMS he could go for one of the child benefits, which would then potentially impact any top up benefits you get as you’d only have one qualifying child.

What was the reasoning for this stopping? Would be really interested to hear your experience.

Have a read of the threads by prolongedaffair and fixatedplanet

Neither have come out well at all.

Sorry just to clear it up it’s 50/50 shared care he wants and that is what we are doing currently. I work part time I’m on a temporary contract but hoping to be made permanent and given more hours. I have tried for other jobs and have been unsuccessful. My job is very flexible around my childcare arrangements. He only has to pay me a very small amount think less than £20 for childcare as I get a discount on this. He thinks I am due half the mortgage and maintenance costs towards the house since I left but I have to pay rent elsewhere by myself and have to contribute extra money towards this as couldn’t find somewhere cheaper. Also had to set up a new home by myself. Actively looking for a new property which is cheaper currently. I’m happy to not look at his pension nor his shares just the equity in the house. He also wants half the value of my paid off car which again a few thousand not much. He has a lovely new car but it is negative equity. Hope that helps with more detail.

Also it’s mainly me who organises a lot to do with the kids, dealing with the childcare the school etc.

None of the organising matters for CMS. If you have 50:50 care then no child maintenance is due.

You would be within your rights to say that he has to organise and pay for childcare for his time.

But be very careful before you go to CMS as it could backfire very badly. On 50:50 he could claim one of the child benefit payments and that would impact your top up benefits.

In the case of prolongedaffair’s thread the children no longer speak to her at all, and she now owes her ex CM every month.

Your divorce elements - the house, cars, pensions etc - are all irrelevant for CMS.

Why would you expect maintenance if you're sharing 5050?

Two threads recently were similar. Neither worked out well for the posters. Both lost their cases and one child benefit.

just take anything he is giving you as he doesn’t have to give anything.

childcare should be paid by each parent on what days they are needing the cover.

Thank you all, very helpful. Think leaving the cms sounds the sensible thing to do.

The reason it stopped was because my teenage decided not to do the 50:50 anymore. Shame that they didn't but they were adamant that they wanted to be with me more.

You should get universal credit to pay most of your rent and a child top up on your low salary. Plus child benefit.
if you push him for more money he may apply for child benefit in his name and they give it to him for one child at least. So he could then counter claim maintenance from you and you’d lose the UC attached to that child. I would be carful

You should go after the pension or more than 50% of the house, as you haven’t built up your own pension. You could also charge him occupational rent on his share of the house but then he’d probably argue you’re welcome to move back in your chose to leave!

Very helpful. I was only more interested in the maintenance as he was determined I would get very little in the divorce. Sounds like there is something there. He has explicitly told me he does not want me in the house alone and has now restricted my entrance to the back door and has cameras at the front. He is also now referring to it as his house and his partner is going there. He feels that because he paid the deposit for our first house and the proceeds were used for our second, it is obviously his. I have contributed financially and also raised our kids and not advanced in my career, I am a uni graduate actually but I have worked part time while I raised the kids youngest about to start school soon.

You should get proper legal advice before agreeing to anything.

A judge is very unlikely to sign off on the finances if you haven’t had advice, especially with children involved anyways, but you should protect yourself by doing so.