CMS payments

[starryeyed19]

My husband and I split up about two years ago and are now divorced. He has refused to engage with the process in any way and so we didn't come to any kind of financial settlement as far as the children are concerned.

I had to give up my job to look after our children. He is also unemployed currently but receives benefits- PIP and ESA, I think. He doesn't have the children overnight at all and only sees them when he wants to, maybe once every two weeks despite living around the corner.

I can't really find a job flexible enough to fit around my DS who has various special needs. I would like to ask him to start making a regular contribution towards the children's upkeep but not sure what is fair to ask for.

The CMS calculator suggests £7 per week for both children which doesn't seem like a lot. Am I being greedy asking for more? I was thinking more along the lines of £30 or £40 per week. Does this seem reasonable?

Your suggestion of £30-£40 a week to contribute towards the upbringing of his children is not unreasonable at all. How reasonable will he be in paying this voluntarily to you ? As you have said CMS will only ask for £7 a week if he knows that he might only be prepared to give yòu that. Only you know how likely he is to pay.

Do you realise how little ESA is to live off ( although he may well be getting premiums on top if living alone) and PIP is extra money to help with the additional costs that a disability brings so that can't really be touched. The £7 is all that would be awarded through CMS because that is the maximum that can be taken off benefits.
If your child has additional needs then I'd suggest you look at claiming DLA for him and then you could claim carers allowance and other benefits on the basis of being his carer.
By asking for £40 a week you would be taking possibly a half of his basic ESA award.

He's also subletting a room in his house, so has income coming in from there.