Private school fees, can this reduce child maintenance?

[allthegearandplentyideas]

my ex had successfully managed to avoid paying any child maintenance for the first 12 years of his life due to quitting his 9-5 job amd becoming self employed when CMS caught up with him. Despite having 7 properties he managed to fiddle the numbers so it appears he only earns £1.17 per week. I really suffered financially because of this and DC and I had very little despite me working all the hours I could to provide for him.

2 years ago he finally had to start paying after many tribunals and me not giving up (I/DC were failed time and time again and I had to pay legal fees and get into more debt to help advocate for us)

DC is now 14 years old and wishes to go to private school (his dad has talked him into this).

Whilst I think it could be a good opportunity for him (despite the state school he goes to now is good and he is thriving/high achieving) I can't help but worry thay this is exp's final attempt to try to fudge the numbers to be able to pay less and less.

Ever since paying CM, exp has mad around 10 separate appeals as to why he shouldn't be paying what he is, and as an ex accountant he really does know all the loopholes.

I feel DC will resent me if I say no but I also need to protect myself and him from further financial chaos as I would massively struggle without the child maintenance due to the post of living.

I know nothing about financial loopholes and tax returns etc, does anyone have any experience of this or know about reducing child maintenance on the basis of less income due to high outgoings ?

I’d be concerned that he’s agreeing to pay for fees in the hope that the arrears would be wiped away. That’s not how it works but your son is in exam years so he could bribe you knowing that you wouldn’t want your son to move schools in year 11.

Unreasonable pension contributions are a type of diversion of income. You can ask for CMS to look at this .

If you look up the CMS decision makers guide it explains how they calculate what is “ unreasonable “. It depends on factors like the age your ex started paying into his pension, his current income and his projected pension. If he claims that his current income is very small , that will help your case.

DC is adamant that this is the best thing for him 😩 he believes he can talk his dad into not messing around with payments and then he gets to go to a great school. Opened up about issues at school with the resources and certain kids and how disruptive they are in class.

DC is very strong willed (in a good way) so won't let this lie. This is going to be a tricky few weeks ahead as DC believes his life will be a lot better at this new school. This parenting malarkey isn't for the faint hearted!

Thank you! I will look into this

Simple. Your ex pays upfront all the fees up to the end of sixth form, together with an additional sum to cover trips, uniform etc. Explain to your son that if his father is happy to do that (eg selling a property to fund it) then absolutely he can go. But otherwise you cannot risk him having to be pulled out half way through his GCSEs if his father stops paying or if something happens to his father such that he can't pay. Then you're not the bad guy.

My ex regularly requests a change and appeals the amount they just reject it usually

Each type of income has a separate variation and he can change this as many times as he wants, as long as its by more than 25%.

So if he has a property he rents out but doesn’t declare, RP can ask for a variation. Then CMS find out the rent is £1000/ month and make as assessment based on this.

PP then claims that the tenant has moved out last week, so they do a new assessment and put it back to zero.

Then RP finds out theres a new tenant in, PP claims the rent is £500. Then it all starts again.

Then PP claims that he has transfered the property into his partners / mothers name, so it goes back to zero. RP finds out this is a lie but CMS say she can’t prove it ( yet PP doesn't have to prove it). She asks for a mandatory reconsideration of the decision . It takes them 6 months to do this and RP can do nothing until she gets it.

You can easily have 10 variations on this one source of income. And the PP probably has several eg salary, dividends . He can be diverting income into his pension and to shareholders . He could other sources of undeclared income.

If he sets up a new company every 18 months, they will never catch up with him.

Its very easy to avoid paying child maintenance for years if not decades, if you know what you are doing, hate your children and enjoy punishing your ex.

I would consider saying he can go if you get a court order saying ex will pay the fees , uniform, books, and excursions, and also continue to pay the child maintenance at minimum current amounts, that the school contract make ex solely responsible for the fees, And give you the authority to withdraw ds if he doesn’t.

ds needs to understand that the maintenance is for him to eat and sleep and have clothes and do activités and if his dad doesn’t pay for that, having a good school doesn’t make up for it. And if dad doesn’t pay he would have to leave the schools

My ex stopped paying my daughter school fees in 4th year. It happens, controlling bastards will control.
I would have a proper sit down with your son and outright tell him you cannot afford this and it can only happen if dad pays over and above maintenance. Apologise profusely but facts are facts, then if he ever stops paying - blame is squarely where it belongs.