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Original poster

CMS High Earner question

52 replies

Bobo65432 · 30/05/2023 18:08

Hi, my ex is a high earner and earns over the £3k a week that the CMS can calculate on. So he pays the amount they have calculated for that, when pushed and always with moaning.

But the CMS have said they don't do calculations for the earnings over 3k, that I need to go to court for that decision.

Please does anyone have any experience of this? He was horrendous through the courts 2 years ago for our financial settlement and still trys to use money to control 😔

Thanks

OP posts:
Bathintheshed · 31/05/2023 18:17

*you seem

titchy · 31/05/2023 18:20

Housing of course is free - kids can camp in the nearest playing field.

Original poster
Bobo65432 · 31/05/2023 18:22

Thanks for all the messages and especially for the case extract Sheila. Do you know if this goes through the children's court as a single issue order, or is it through the financial courts? I just want to avoid high costs, I did my FO on my own with just a Barrister for the hearings.

Taxpayer1, just wow. Are you quite OK?

OP posts:
Rtmhwales · 31/05/2023 18:22

Taxpayer would hate the country I live in (Canada) where CMS is to literally equalize the home. DH pays CMS to his ex wife at a high rate even though custody is 50/50.

PLUS (after CMS) we pay pro rata for childcare and other expenses like dentist/sports fees etc. That's the bare minimum here and you can't get out of it. So with XW earning 1/3 of what DH earns, we pay child support, then 3/4 of childcare fees and anything else. It's exhausting and crippling financially but c'est la vie. The UK system is odd.

justanothernamechangemonday · 31/05/2023 18:24

@taxpayer1 it must be very difficult paying so much for a child you barely see. All that money, and your DC will still resent you for its whole life. Diddums.

blondieminx · 31/05/2023 18:25

SheilaFentiman · 31/05/2023 18:01

@taxpayer1 stop derailing, The OP is asking about people's experience of court for this process, not opinions on what she is being paid.

Exactly. It’s utterly unnecessary.

SheilaFentiman · 31/05/2023 18:25

Bobo65432 · 31/05/2023 18:22

Thanks for all the messages and especially for the case extract Sheila. Do you know if this goes through the children's court as a single issue order, or is it through the financial courts? I just want to avoid high costs, I did my FO on my own with just a Barrister for the hearings.

Taxpayer1, just wow. Are you quite OK?

Hi Op

I am afraid I don't know, sorry - I'm not a lawyer though work with lawyers a fair bit, on the commercial side, though.

That firm seemed to be specialists so maybe worth paying for an initial appointment with a firm like that to advise on next steps and likely overall cost?

leelaay · 31/05/2023 18:27

@taxpayer1 you're coming across a tad chippy!

Unexpectedlysinglemum · 31/05/2023 18:28

taxpayer1 · 31/05/2023 17:14

You have payments for an income of 3k a week and still want more. Unbelievable.

You say here that no child needs more than 1000 a month but the child maintenance is meant to cover living costs too- they take up a bedroom and in London especially that's expensive. When I go back to work my nursery fees for 3 days a week will be 1400 and my mortgage and bills come to over 1600 a month. Im usually a higher rate earner but now I'll only earn about 2000 after tax working part time, which I'm doing to care for my little child, so even if I did get 1000 in child maintenance (which I won't as my ex is a lower earner) I'd only just break even with no money for food, travel, activities, running a car etc. I can't rent out my spare room like I used to as there'll be a child in it. I'm living off savings and gifts from family until my child is in school, and my ex thinks he's paying too much still 👀 children and housing children is expensive!! Especially when they are young!

SheilaFentiman · 31/05/2023 18:29

Well said @Unexpectedlysinglemum

Original poster
Bobo65432 · 31/05/2023 18:30

Thanks again, I'll look into that company and go from there. I am hoping it can go as a single issue order under the children's act.

OP posts:
SheilaFentiman · 31/05/2023 18:31

Good luck!

Original poster
Bobo65432 · 31/05/2023 18:32

Well said, all families and situations are very different.

OP posts:
leelaay · 31/05/2023 18:34

It doesn't even matter how much it costs to raise a child IMO, any good parent should want to provide proportionally for their child against their income 🤷‍♀️ if someone is a millionaire you would expect a millionaire's child to have more given to them than someone who worked minimum wage, what kind of parent wouldn't want their child to benefit from their income?! A fucking shit one in my view.

Unexpectedlysinglemum · 31/05/2023 18:35

leelaay · 31/05/2023 18:34

It doesn't even matter how much it costs to raise a child IMO, any good parent should want to provide proportionally for their child against their income 🤷‍♀️ if someone is a millionaire you would expect a millionaire's child to have more given to them than someone who worked minimum wage, what kind of parent wouldn't want their child to benefit from their income?! A fucking shit one in my view.

Yes very true

Lizzt2007 · 31/05/2023 18:42

taxpayer1 · 31/05/2023 17:42

But she is getting what she is meant to.

Show quote history

No she's not. The child is entitled to a portion of ALL the parents earnings. Not just the cms capped amount.

Original poster
Bobo65432 · 31/05/2023 18:42

leelaay · 31/05/2023 18:34

It doesn't even matter how much it costs to raise a child IMO, any good parent should want to provide proportionally for their child against their income 🤷‍♀️ if someone is a millionaire you would expect a millionaire's child to have more given to them than someone who worked minimum wage, what kind of parent wouldn't want their child to benefit from their income?! A fucking shit one in my view.

It is this exactly. For the record, he only lets them benefit from his high earnings, if they tow the (his) line, I am trying to stop them having to jump through hoops for money, which is what I had to do when married 😔

OP posts:
Ponderingwindow · 31/05/2023 18:42

3k isn’t even a stratospheric income. We don’t know what the NRP earns in this case, but assuming it isn’t extremely high, we aren’t likely talking about maintenance that will be putting the child on first class flights wearing over-priced designer labels.

We are talking about money that pays for after school and weekend enrichment activities, private tutors, and electronics that aid with school work. We may be talking about access to cultural experiences. We are talking about access to sporting and other private recreation opportunities. We are talking about all the small ways upper middle class parents are more easily able to provide their child with the kind of upbringing that sets them on the track to being an upper middle class adult. It’s possible the op could waste the money frivolously, but it is just as likely she understands the value of spending wisely on her children.

Original poster
Bobo65432 · 31/05/2023 18:49

Ponderingwindow · 31/05/2023 18:42

3k isn’t even a stratospheric income. We don’t know what the NRP earns in this case, but assuming it isn’t extremely high, we aren’t likely talking about maintenance that will be putting the child on first class flights wearing over-priced designer labels.

We are talking about money that pays for after school and weekend enrichment activities, private tutors, and electronics that aid with school work. We may be talking about access to cultural experiences. We are talking about access to sporting and other private recreation opportunities. We are talking about all the small ways upper middle class parents are more easily able to provide their child with the kind of upbringing that sets them on the track to being an upper middle class adult. It’s possible the op could waste the money frivolously, but it is just as likely she understands the value of spending wisely on her children.

Thank you, it is this exactly, all the sports and school trips, dentistry etc that we agreed the children should benefit from when we decided to have children, none of that should change when the parents still have money, in fact have more money, as, although I shouldn't have to justify myself, I do work, full time, but in a considerably lesser paid job as I need it to be local and flexible, as I do 99% of the care of the children.

OP posts:
quietnightmare · 31/05/2023 19:13

Only asked if you had a job because (and now you have said you do) if you didn’t work the courts may tell you to get a job and suggest that you aren’t contributing as you should be. They will possibly point out your supposed to be contributing equally financially

But you do work so You will have to pay for court which could be costly
Possibly prove you are paying towards the children and how much that is on comparison to what your ex is paying towards your children monthly
Also have to justify why you require further money - could be things like private school, child has a permanent health issue etc
And who knows how long this could take

SheilaFentiman · 31/05/2023 19:28

@quietnightmare

it is not really a question of whether the OP is entitled to more child maintenance, but how much. The CMS only uses its formula up to c£156k salary. Beyond that, the court has to judge what formula to apply. In the judgement I linked, the judge suggested that the formula should be applied up to £650k but that’s not binding on future cases.

quietnightmare · 31/05/2023 19:29

SheilaFentiman · 31/05/2023 19:28

@quietnightmare

it is not really a question of whether the OP is entitled to more child maintenance, but how much. The CMS only uses its formula up to c£156k salary. Beyond that, the court has to judge what formula to apply. In the judgement I linked, the judge suggested that the formula should be applied up to £650k but that’s not binding on future cases.

Cool

AgnesX · 31/05/2023 19:43

Seems perfectly reasonable if that's the sort of lifestyle that your child would have if you were still together.

Presumably you weren't exactly non complicit in the end result.

bathty · 31/05/2023 19:53

No child needs more than a thousand pounds month.

lol, what about housing & childcare costs

Sandalholidays12 · 13/11/2023 19:46

Personally I have no sympathy for the NRP moaning that they have to pay out in CMS. If they did 50/50 then nobody would be paying anything at all. That's the real issue here.