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Divorce settlements and child maintenance

8 replies

Wobble01 · 23/07/2023 23:51

Hi. I know I should ask a solicitor this question but I can't afford £200 for one to give me a simple yes or no.

Prior to divorcing my ex narc I had to go to the CMS to get maintenance for our children.

When we divorced I gave him £60k for his share of the house.
The divorce agreement included a bit about neither of us having a claim on the others finances after the divorce, but I think that means any 'new' money like inheritances etc.
The CMS says each parent must declare any cash that they have over £30k. He hasn't declared the £60k.

Am I allowed to ask the CMS to take in to account the £60k he now has in cash.
He lives with his current partner in her house, so doesn't need to buy a place of his own etc, and financial abuse was one of his traits, so I doubt he intends to invest it in her home.

OP posts:
Redcliffe1 · 23/07/2023 23:52

Why don't you ask CMS?

Collaborate · 24/07/2023 10:07

Yes you can. The first £30k or so is disregarded but if he's not invested the reaminder an assumed rate of return of 8% will be applied to it so as to add to his income.

Wobble01 · 25/07/2023 08:15

I did, but the man I spoke to wasn't sure.

OP posts:
Wobble01 · 25/07/2023 08:19

Thanks. I wasn't sure if the divorce rules meant I couldn't.

OP posts:
Wobble01 · 25/07/2023 08:22

Redcliffe1 · 23/07/2023 23:52

Why don't you ask CMS?

I did, but the man I spoke to wasn't sure.

OP posts:
Collaborate · 25/07/2023 08:23

There are no divorce rules that affect the CMS calculation formula. The only thing that divorce can do is postpone the CMS for a year if a child maintenance order is made by consent.

Wobble01 · 25/07/2023 08:24

Collaborate · 24/07/2023 10:07

Yes you can. The first £30k or so is disregarded but if he's not invested the reaminder an assumed rate of return of 8% will be applied to it so as to add to his income.

Thanks. I wasn't sure if the divorce rules meant I couldn't.

OP posts:
Wobble01 · 25/07/2023 23:41

Collaborate · 25/07/2023 08:23

There are no divorce rules that affect the CMS calculation formula. The only thing that divorce can do is postpone the CMS for a year if a child maintenance order is made by consent.

Thanks

OP posts:
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