Ex has applied for variation in CM - is it likely to be granted?

[JohnnyMarr]

I've received a letter (well two, actually) from the CMS today informing me that XH has applied for a variation in his CM payment.

The first letter states he's requested a variation due to his contact costs - I can just about accept that, although he was the one who chose to move away from his children, he also receives a company fuel allowance and almost invariably ties in his EOW contact with visiting his family members who still live here, so I don't know if that makes any difference to anything?

The second letter says he's also applying for a variation due to contributing to the mortgage on the FMH "with no legal obligation to do so", however although I live in the house with our children it has been ordered through the court that he remains named on the mortgage for the next five years and pays spousal maintenance in the form of a proportion of the mortgage over that period. The amount of spousal maintenance / mortgage contribution has been decided upon whilst taking into account his CM payments, so in effect if he is granted the variation he will not in fact be paying the amount of SM stated in the consent order.

I'd be hugely appreciative if anyone could cast any light on the possible success (or, hopefully, otherwise) of his application. I have of course spoken to CMS who weren't incredibly helpful.

CMS have no say over SM. If Court Order has been in place for over 12 months then either parent can apply to CMS for an assessment. Once CMS have made their assessment any court order with respect to CM is overruled.

MissedTheBoatAgain - I think you missed the part where OP said the maintenance paid is spouse maintenance. There is no child maintenance order.

OP - him paying spouse maintenance or paying the mortgage under a legal obligation (wither that be by court order or because he is named on the mortgage) should not affect his CMS payments.

Collaborate - Correct. For CMS to entertain a Variation Request then there must have already been a CMS assessment in place.

SM is court ordered so has to be paid regardless of any changes in CM, up or down.

NRP can claim travel costs and any debts they pay to RP to reduce the income to be assessed by CMS. Wonder if OP's ex knew this before the consent order was issued so that the CM figure was higher than it should have been hoping that court would order a lower SM as a result of needs being less?

Thank you both. CMS really have been averagely useless, I received a letter today saying they've upheld his application for contact costs, which I can (grudgingly) accept, however if they do the same with the mortgage one that will effectively be nullifying the court ordered SM payments

Travel costs to maintain contact with child have to exceed 10 pounds per week before CMS can consider a Variation. Even then the costs incurred are only used to reduce the Gross Weekly Earnings used to calculate CM. So unless travel costs are huge it may not make much difference?

You may wish to send a copy of the Consent Order to CMS. They may not fully understand it, but at least you have proved that the mortgage deal was ordered by the Court as SM.

CMS deal with CM only. They have no say over SM.

Look on Child Maintenance Options website you should be able to find guidance on what Special Expenses you ex can claim.

I know what you mean about CMS. Every time I made contact it was a different person and a different version of how CM was calculated.

Thanks MissedTheBoatAgain It's just so frustrating trying to deal with his constant fuckwittery whilst simultaneously juggling the kids, work and everything else while he just swans about without a care in the world

Ah yes, but two can play at that game. He can go to CMS and he might be awarded a lower amount but then you can apply to Gary the order for the spousal maintenance on the grounds that you're receiving less CM.

I guess so Stinkerbelldust but this whole saga has been ongoing since the beginning of last year now and I'm sick and tired of all the game playing to be honest, but he's a classic narc and appears to get some kind of sadistic kick out of it. It's exhausting