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CM variation due to Tavel costs

7 replies

AnnettePrice · 10/07/2017 19:05

My ex chose to live 2hrs drive away, he does pick up on a Friday then I go and get DC from ex's on the Sunday. So even though it was ex's choice, I pay the same travel expenses as he does for the visits.
Can ex still look to have CM reduced due to the cost he incurs?

OP posts:
Starlight2345 · 11/07/2017 12:35

I don't know the answer but I hope not..Not only have you increased your expenses based on his decisions..You really shouldn't have to reduce your income as well.

AnnettePrice · 11/07/2017 20:55

Starlight I'm hopeing not as well. Unfortunately I can only find info on rp applying for a veriation if they think the nrp declared income isn't correct. I cant find anywhere about challenging verifications like travel.

OP posts:
Bythebeach · 15/07/2017 23:36

My ex did this. He had moved 200 miles away and we had always done half of journeys. Then he found he could apply for a variation for travel and declared he had over paid me for years (he doesn't appear to view it as supporting his child). He was refused. Hopefully your ex will be refused too. I enjoyed that! I think essentially they deduct the cost of his travel from his salary and use that as the basis for calculating the child maintenance amount but if the difference is less than 15% they make no change. His travel would have to be huge or salary tiny to make a significant change in any case.

AnnettePrice · 16/07/2017 08:02

Thanks Bythebeach you have given me some hope. The cost of travel is less than 15% of his declared income so fingers crossed.

Found out he is also going for contact variation (I don't think he realises it's on what happens and not what is in the court order, 6 nights this year Hmm is not going to change things), and debt veriation.

Ex only has debt since we split, not before. it is debt he thought he would clear in the divorce settlement which he didn't get Grin

(happy as I don't have any savings and I only just earn enough to cover mine and DC's outgoings if I'm careful).

OP posts:
ohamIreally · 16/07/2017 08:18

I think you have to agree to the variation he proposes. My ex has moved 400 miles away and says he can't afford to see DD anymore Confused

AnnettePrice · 16/07/2017 09:23

I hope not ohaml , looking at my income after tax and necessities (rent, council tax etc) compared to ex's (without his cash in hand income), my ex has more disposable income than me, so out of the 2 of us, i can afford it less to pay the travel to bring DC home after DC being with ex than ex can to pick up DC.
What you said has got me thinking and I have just worked out that ex's travel costs so far this year have been 10% of what he should have been paying in CM. As he hasn't paid any, in theory he could have done 10 times the amount of travel to see DC....but he hasn't. So it's not the cost of travel that's stopping contact.

OP posts:
Starlight2345 · 16/07/2017 10:53

I think you have to agree to the variation he proposes. My ex has moved 400 miles away and says he can't afford to see DD anymore

I see that as completely emotional blackmail..Would you move so far away you couldn't afford to see your child?

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