CMS to one parent and not the other

[AfterEightsBeforeEight]

Long time poster, NC for this...

I think it's over for DH and I, and one of the things we don't see eye to eye about are CM payments. I've used the online calculator and have shown him the amount, he wants to pay less.

Now. Situation as it stands (will use made up figures to illustrate) is that he owes me £600 for 2 children. He has a third child, who he doesn't use the CMS for who he pays £300 for.

He's saying the CMS calc is overstated because it doesn't take into account that there are 3 children he pays for, and I agree. So by then putting in 3 children it puts the total to, say £660 and then that would mean I'd get 2/3 £440, and she would get the remaining £220.

However, what he's saying is that he is going to leave the calculation as just my 2 children, so the total due is £600, but then he's allowed to deduct in full whatever he pays for another child in a private arrangement, ie the £300. So CMS will calculate my amount as £300.

I'm certain this can't be right. Can anyone explain what deduction CMS allow from a CMS calculation for the NRP paying a privately agreed amount of maintenance to another mother?

Hope that makes sense...

Oh i get it now..

No he doesn't get to decide your children are worth less support than his other child

Tbh. If he us going to be like this ut may well be worth going to cms. They check his income every year otherwise he is never going to increase it.

@Familylawsolicitor thank you

Surely if he pays £300 for his first child for your two it would be £600 to make it equal? I would just go to csa

If he’s paying £300 for one of his children, then if he wants a private arrangement with you he needs to pay £300 for his children with you too. I can’t see how it would be fair otherwise. Or he reduces the amount to his other child so that he can pay an equal amount to all of them. That’s how the CMS would do it anyway.

Either that or he goes to the CMS, stops the £300 to his ex and there is now a new figure through the CMS for 3 children.

I’d just go to the CMS anyway, otherwise your children end up with nothing or a very small amount in comparison to his other child.

£300 EACH of he wants private arrangement with you. So £600 to you and £300 to his ex. £900 in total. Is he really going to do that? He can’t continue with his current maintenance payments if he can’t provide it for all of them.