What are CMS payments meant to cover?

[idontknowwhattodo1990]

Just that really. I am new to this and navigating the waters.

When you calculate CMS payments it's done based on the number of nights the child spends with each parent rather than how much time you spend with them. Taking this to an extreme and highly unlikely scenario:

Residential parent could have child 7 nights a week but the child could be picked up first thing and dropped off last thing by non-residential parent.

Are CMS payments really determining which parent should pay for things like clothes, child care and after school clubs?

When you split you are expected to “maximise your income”. Does this mean that regardless of the split, CMS payments aren't for rent/mortgage and bills since each parent is responsible for their own home?

As an aside, we had a temporary separation with the intention to make it work. During that time, DH moved out and continuend to pay 100% of the mortage and approx. 50% of the bills in this house while he also paid for everything in a rented apartment. Now he is coming back and I am going to move out as I want to leave. He's paid for about £6k in six months (£1k per month obvs) whereas going forward CMS payments would only be about £300 per month based on the likely split and his income (he got a £5k loan for the separation period). Will CMS see this as “credit” on his part or is it totally irrelevant?

Thanks.

CMS is for everything. Mortgage / rent, energy, water, food, car, clothes, childcare, days out etc.
It just goes in the pot.

it Goes into my bank account
and it’s spent
and that’s as far as my thinking goes.
so would include kids stuff, my stuff, house stuff, life.
ex never questions and I never differentiate with my other income

Thanks both. I'm guessing it's done on nights rather than hours as it's an easier metric to manage.

I know there's no one checking what I spend it on, I was just curious. I am worred about the extra payments DH has made though.

So you’re worried about benefit fraud?

Not fraud, no, as neither of us are lying. Just that I read another thread on here where a DH overpaid and then CMS dtermined it affected future payments.

CMS will only take into account what’s on the schedule. And anything that took place before the case started is irrelevant. If your ex pays anything other than the mandated amount, they look at it as a gift.

Anyone paying CMS has no further liability, so no requirement to help with trips, uniform or other irregular expenses, it is a full and final amount.

CMS will only take into account what’s on the schedule. And anything that took place before the case started is irrelevant. If your ex pays anything other than the mandated amount, they look at it as a gift.

Anyone paying CMS has no further liability, so no requirement to help with trips, uniform or other irregular expenses, it is a full and final amount.

The loan doesn’t affect CM payments. Debts could affect how marital assets (house etc) are split but that’s another issue.
You can spend CM on whatever but maximising income means that you can’t say that it’s not enough to live on because CM is a percentage of his income with discounts for his nights so can’t be increased.

Great, thanks everyone.

@Mumble12 That's what I was after, thanks. We haven't started CMS yet so you've answered that. Phew!

@Snorlaxo Yes, solicitor did say that when it comes to splitting things I am liable for half the loan since I benefited from it.

P.S. If you're wondering why I didn't ask the solicitor this I only had a free 30 mins and in my flustered state I didn't ask this.

Just to add, I don’t know your situation but there is a big CMS reform coming whereby all service users will incur fees, even for direct pay. So if you are able to continue a private arrangement, that might be beneficial.

I know lots of people (including me!) can’t though, so totally understand if not

Thanks @Mumble12 As I say, this is all new to me and I think we'll be able to work this out ourselves.

Out of interest, is the reform to the amount paid or just that there are fees?

Sorry, one last question: I get Child Benefit. Does that automatically go to the residential parent and not affect CMS payments? It's surpringly hard to find any info on that online.

The reform means that now all parents using the service will pay a 2% fee. So if the order is for £100, he'll pay £102, and you will receive £98. Currently the paying parent pays an extra 20% and the receiving parent loses 4%.

Child benefit doesn't affect the amount of maintenance due. It will continue to be paid to whoever currently receives it (which should be the person with day to day responsibility for the child/ren).

The calculation is simply 12% of gross salary for 1 child, 14% for 2 and 16% for 3 or more. Deductions are then applied for nights staying with the paying parent and any other children they may take care of. There can be some other deductions for self employed people and those who have to travel a huge distance to see their children. But in general, it's just a straight percentage of gross salary.

Thanks @Mumble12 😊

CMS are there to assist you getting money each month for your child/children. They will not advise you on who will pay for school lunches or who will pay for swimming lessons.

Do you know the NRP income? You can use an online calculator to get a rough estimate. If you get along its easier to work out and share who will pay for what.