Not clear on how maintenance is being calculated

[Eesha]

My ex feels he is being overcharged for child support by his previous partner. She set the child support on him when he lost his job. Now he has started a new job, they have started to take money directly from his salary, at a level which is significantly higher than he would have expected. They don't seem to take in account that he was out of work for almost a year. He isn't having any luck getting an explanation from them. Would they tell me why? He pays me for 2 children yet she gets double for 1 child.

He needs to contact cms and ask how they calculate the amount. Him being out of work for a year would not make his current payments any lower. He may be paying arrears off

Maintenance is calculated based on his current earnings. He should have paid at a reduced rate while he was out of work provided he notified them. Now he is back in work the period he was out of work is irrelevant.

There is plenty of information online about how the CMS calculates maintenance including an online calculator at www.gov.uk/calculate-child-maintenance. If he is paying more than the calculator indicates it may mean he has arrears to pay off.

If he is paying through the CMS for your children, you should be receiving more than his ex as he has 2 children with you. If she is receiving more than you it may mean he has arrears to pay off.

How often does he see each child? This will also affect maintenance amount.

She set the child support on him

No she didn’t.

She took steps to obtain a financial contribution towards housing, feeding and clothing their child through the official organisation set up for that specific purpose.

I wonder whether you should do the same?

And no, of course they won’t discuss her (child’s) claim with you.

Do you get your CM through the CMS? If not do they know he pays 2 mums?

I can't see how he is paying arrears off because he was paying her directly for years rather than through CMS and she was fine. And he is paying me directly too. It's more that suddenly this big chunk seems to have gone via his salary and will continue, the CMS aren't explaining about the figure and why so high and he is in a real panic. He has had to move out of his place as now can't afford rent and this high charge each month. Will have to see whether this is in arrears from years back.

@prh47bridge they have told him they are basing on previous job which was 7k higher

CMS only calculate on current earnings if their figure from HMRC is more than 25% different to what he is now earning. If he is also paying you, he should pay you through the CMS too otherwise his calculation will be wrong.

Also the number of nights he has each set of children will make a difference to how much is owed.

Also if they’ve taken it from his salary it will almost certainly include arrears and collection charges. They don’t take money from salary unless there has been serious non-payment.

Yep, massive debt owed to his ex. They only count money for a claim from the day she called them so it’s not like she can falsely claim years of non payment.

@BobTheDuvet I wanted to help because he was going through a lot. However sounds like he will just have to lump it really and pay up. He has paid when he could for our kids so it's not really in my interest for his life to fall apart when he can't afford to stay in his home.