Question about CMA

[BrightonBelleCat]

We have four children living with us full time. Dp earns approx £50k, but we are mortgaged up to the hilt etc are finances are very tightly run and we have next to no spare money a month.

Dp's exw and him have a private agreement that he pays her £200 a month plus extras we have one of his children living with us full
Time and exw does not contribute to that child.

The CMS have told us that they base the money to pay on income a lone. Ex w is now threatening the CMS on us and we have nothing more we can give.

What can we do? Are we able to appeal? We simply can't afford to pay out £100 a week. I have a dd with Sen so have bought a house so she can have her own space. We simply can't afford to save money anywhere else.

You don't mention how many nights per year your partner's other child/children spend with you (i.e. excluding the one that lives with you full time). If they spend more than 52 nights per year that will reduce payments.

Note that the CMS look at your partner's pay after pension contributions. They can also take certain "special expenses" into account. This covers things like the cost of contact with the children who are living with his ex and the cost of supporting a child with a disability, so your partner may have an argument around costs related to your child with SEN. If he is still paying or contributing towards a mortgage on the house he used to share with his wife that can also be taken into account. He will need to apply for a variation if he has any such expenses.

You could also apply to the CMS for maintenance from his ex-wife for the child that lives with you. How much she would have to pay depends on her earnings. You could also, of course, cut out the extras you mention and just pay the amount assessed by the CMS.

It is possible to appeal to an independent tribunal after you've been through a "mandatory reconsideration" process but they will only look at whether the CMS has applied the rules correctly. They won't change the payment just because it is more than you and your partner think you can afford.

She has moved approx 250 miles away so we only have the dc during holidays even with adding that up I don't think it's more than 52.

There is of course the cost of returning/collecting him which is approx £100 a time in petrol or train fares.

My dd does get dla so I wonder if it's considered that she is taken care of so to speak.

Wait so each parent has custody of one child each? Surely that negates the need for child maintenance at all?!

Apparently not. You would think that. I don't think we should have to pay for the second dc as we take care of the first in their entirety but dp was told by his solicitor because he earns more than her he should pay (she gave up work).

Surely that negates the need for child maintenance at all

No, it means that both parents can claim maintenance from each other. The two claims may cancel each other out but they may not.

Your dp needs to tell her he will make his own claim to get maintenance for the child he has custody of. But like pp said he may still owe her some money depending on number of nights and what he earns. You need to plug it all into the calculator. I have a feeling at 50k he's likely to owe her at least the 200 a month though.

I just sat and worked out given all the school hols we are probably on approx 55 nights a year as have had him each school holiday to date so far this year.

This happened to us. He went bankrupt as he couldn't sustain the marital debt (all in his name) as well as CM payments.

He should definitely apply for CM payments if she does. That's what the system is there for.

we are probably on approx 55 nights a year

That would reduce the level of maintenance payable by one seventh.