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With a CMS arrangement can the dad pay for additional costs

44 replies

Bopdebop · 03/07/2023 07:30

My DD turns 17 this month. Their dad pays her maintenance through the CMS at the moment but wants to change to a personal arrangement.

He says the CMS won't allow him to pay extra for her driving lessons (which he says he wants to - which is great).

He is putting pressure on me to go back to a personal arrangement so he can pay for 'extras' for her.

We had a personal arrangement in place before but he was paying less than through the CMS agreement and would not let me see his payslips. So I have had bad experience with this.

Is it true that the CMS prevent a dad from paying for 'extras' such as the odd lipgloss or bigger items like these driving lessons.

OP posts:
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liveforsummer · 03/07/2023 08:12

He can pay whatever he lines on top to her/you directly so thus a nonsense. Is he currently on direct pay or does he have to pay extra for CMS to collect it?

garfieldeatscake · 03/07/2023 08:31

Nope. Presumably your DD has a bank account, so absolutely no reason he can't transfer money into her account for the driving lessons. He doesn't get to renegade on paying basic costs for raising his child.
His argument has more holes in than a colander.

IncomingTraffic · 03/07/2023 09:12

It’s not an ‘overpayment’ that can be clawed back from future maintenance if he voluntarily chooses to contribute more.

That isn’t the CMS miscalculating to his disadvantage. There’s no need to fear him complaining that he chose to pay for a lip gloss and therefore his future maintenance must compensate this ‘overpayment’.

Even if he’s a complete arsehole (and he is), that won’t fly. And overpayment would be him paying the minimum but the CMS having miscalculated that so he was paying too much.

Bopdebop · 03/07/2023 11:44

Of course you are all right. I spoke with the CMS and he is of course allowed to pay anything he chooses on top of the minimum child maintenance he is paying. He just chooses not to 🙄

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SheilaFentiman · 03/07/2023 12:08

Glad you have got the reassurance you wanted!

Fiddlesticks82 · 03/07/2023 12:59

Out of interest - is this the first time he has pulled this kind of stunt?

and are you preparing for when your DD hits 18and he can shrug everything off?

honeybunsleo · 03/07/2023 13:33

A gift for his daughter like driving lesson has nothing to do with CMS. He's having you on, clearly wants to hide something for his next review

Mumof4plusbonus · 03/07/2023 13:41

Bopdebop · 03/07/2023 11:44

Of course you are all right. I spoke with the CMS and he is of course allowed to pay anything he chooses on top of the minimum child maintenance he is paying. He just chooses not to 🙄

So now you know that, what’s his game? As you’ve heard cms is the absolute minimum. He can spend what he wants above that. Has he never gave you anything above it? Does he buy her presents?
He could have got a pay rise/bonus that he’s trying to not get counted, or as she’s 17 he’s setting it up to stop as soon as possible where it won’t be worth your while to go back to cms. Now his plan hasn’t worked be on the lookout for a new one

Bopdebop · 03/07/2023 13:56

Fiddlesticks82 · 03/07/2023 12:59

Out of interest - is this the first time he has pulled this kind of stunt?

and are you preparing for when your DD hits 18and he can shrug everything off?

Not the first time and yes fully prepared for when DD turns 18 (mainly because this is not the first stunt he's pulled!)

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Bopdebop · 03/07/2023 14:00

Mumof4plusbonus · 03/07/2023 13:41

So now you know that, what’s his game? As you’ve heard cms is the absolute minimum. He can spend what he wants above that. Has he never gave you anything above it? Does he buy her presents?
He could have got a pay rise/bonus that he’s trying to not get counted, or as she’s 17 he’s setting it up to stop as soon as possible where it won’t be worth your while to go back to cms. Now his plan hasn’t worked be on the lookout for a new one

Yep there will be another plan around the corner. He hates having to pay anything above the CMS unless it benefits him in some way. He is a great Disney Dad.

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Scissor · 03/07/2023 14:09

My CMS didn't stop until the end of the academic year in which my youngest turned 18 as was in full time education.

It did not stop on their 18th birthday!

My youngest was 18 in December, the last CMS the following August.

Can sometimes go for longer if child has additional needs and education extended past 18.

Keep checking in with CMS he's being very shady.

NoBrainer · 03/07/2023 14:18

If he does pay extra for driving lessons make sure the money gets paid directly to the instructor or your DD. Otherwise he may try to pass it off as overpaid maintenance in a few months and reduce his future payments to you. This happened to my DP and the ex got away with it and CMS said they had paid too much.

Bopdebop · 03/07/2023 14:42

NoBrainer · 03/07/2023 14:18

If he does pay extra for driving lessons make sure the money gets paid directly to the instructor or your DD. Otherwise he may try to pass it off as overpaid maintenance in a few months and reduce his future payments to you. This happened to my DP and the ex got away with it and CMS said they had paid too much.

Thanks - this is good to know.

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SheilaFentiman · 03/07/2023 14:46

Scissor · 03/07/2023 14:09

My CMS didn't stop until the end of the academic year in which my youngest turned 18 as was in full time education.

It did not stop on their 18th birthday!

My youngest was 18 in December, the last CMS the following August.

Can sometimes go for longer if child has additional needs and education extended past 18.

Keep checking in with CMS he's being very shady.

Yes, this - I assume there are at least 12 more months to go through CMS!

BillyNoM8s · 03/07/2023 14:58

He's talking absolute shit. And if he wants to pay for lessons then he can just book and pay for them directly or give the money to your child.

CMS only set out the minimum that a parent should pay. Why would they give a fuck if he pays more? You don't need to waste your time calling them. He is making stuff up.

Fiddlesticks82 · 03/07/2023 15:22

Is your daughter close to him?

Has he given any indication as to the extent to which he will pay for the lessons? Ie will your DD be left screwed after half a dozen lessons

and will he pay for the test etc?

ThickSkinnedSoWhat · 03/07/2023 15:24

Sounds like a load of shite. Before my own DCs dad stopped getting forced to pay for her at all, he said similar. When I rang them for advice they said that the scheduled amount they give him is a minimum and they'd never discourage a parent from paying more if they are able and willing.

Starseeking · 04/07/2023 23:14

He can pay as much extra for his child as he likes, CMS won't tell him he can't do that.

HOWEVER, if he's paying for a specific item, tell him to pay the company directly, rather than to your bank account, otherwise he may try what my charming ex did and tell CMS that the additional he paid for DC nursery as agreed between us should mean less in maintenance, which CMS then reduced pound for pound.

NoBrainer · 05/07/2023 18:13

Starseeking · 04/07/2023 23:14

He can pay as much extra for his child as he likes, CMS won't tell him he can't do that.

HOWEVER, if he's paying for a specific item, tell him to pay the company directly, rather than to your bank account, otherwise he may try what my charming ex did and tell CMS that the additional he paid for DC nursery as agreed between us should mean less in maintenance, which CMS then reduced pound for pound.

Same happened here. Disgusting that CMS let them do this. NRP should pay the scheduled amounts and anything above is voluntary and shouldn't be counted towards maintenance. My DP's ex (NR mother btw, so it's not just fathers who are happy to shaft their children!) completely lied and told them she'd overpaid maintenance, when it was actually money she owed him. Still I'm sure her local pub will appreciate the extra money back in her pocket for another booze session.

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