Child maintenance advice needed.

[Cmsadvice]

Hello. I've name changed for this.

Ex and I have been separated for a few years. We have a son. He was employed and paid x amount a month in accordance with cms guidance. We didnt go through cms legally as we didn't feel it necessary. End of last year, ex quit his job to go self employed. He didn't actually end up going SE as it fell through with one thing and another. He has a stash of savings so continued to pay for our son at x amount a month.

Since September he has found full time work which is a higher income than his previous job. Today I broached the subject as he is still paying me a flat rate of x. When I ran the new figures through the cms calculator, according to that he should be paying y (more than what he is doing).

He has said that because he continued to pay me throughout his unemployment, he shouldn't have to pay more now. Its only £30 a month more. He said he will deduct what he has paid throughout the months he wasnt working until I have squared up with him.

Is this correct? Thanks for all and any advice. Prepared to be told I'm unreasonable for asking.

I think he's being fairly reasonable given that he made sure you didn't go without when he wasn't working and will pay the increase once he's managed to build up his savings again. If you have an otherwise good relationship I wouldn't risk rocking the boat for the sake of £30 a month as having both parents co-parenting and being civil will likely benefit your child more than the cash.

Someone may be along shortly who disagrees with me though.

Thanks for your input Disney. Yes, I don't want to fall out over it either. Just wanted opinions.

I don’t think he’s being fair. If I wasn’t working, I would still have to feed, provide clean clothes and house my DC from savings. Why should it be different for him?

I've got another thread running on this. Essentially it was his choice to jack in his job and try to set up a business. The business never got off the ground in any sense. I suggested he took on a p/t job whilst trying to get business going but he wouldn't have it. So its not like anyone forced him into his situation. And he chose to continue paying cm whilst unemployed. He never said it was conditional.

Just put a claim in through the CMS and dont bother discussing it with him anymore. The cost of children doesn't magically disappear because their father is exploring different career options. Lucky him.

I wouldn't rock the boot over £30. If he chooses to stop work he doesn't have to pay anything. Regardless of his savings.

It’s a bit petty of him. And bring petty over contributing to his son’s upbringing is t a good look. But if he’s not saying a flat no to the rate increasing once you’re ‘square’, I’d let it go til then and then make sure he pays the new rate or go via CMS.