Extra CMS

[lovedoeshurt]

So I didn't know whether to make a new post about this or add it to the other one. But I've found out that exes take home is around 10000 a month. Might be a little less or little more.
CMS is capped at 3000 and anything above this is ignored. I feel like I should be getting more than I might receive.
Online says you can apply to the courts to get extra.

Has anyone ever done this?

Will he not be having the baby any of the time? Why do you need extra?

He doesn't want any involvement at all. He fed me a lot of BS before I got pregnant, and now that I am he's flipped and said he can't see himself having another kid. He has 2 older children. I am angry I'll admit so I want everything I'm entitled to.

You don’t need more though. You can provide a lovely life for yourself and your child with £3000 a month, and that’s before your own financial contribution.

@TinyYellow Sorry I think I didnt write that correctly. I won't get 3000. The max income taken into consideration is 3000. His is way over that. According to the calculator I'll only receive 1109 (or around that).

That's plenty for a baby, don't worry.

Only ? You realise some women get fuck all you don't you?

You could ask him to go half on other things like nursery fees etc but legally he doesn't have too (which is shit I know)

I’m surprised youl get that if he’s also got other children. I can’t see any reason why you’d get more than that. I would imagine there would need to be a reason for the court to consider more.

I get £100 a month for my oldest daughter from my ex

Only? 😱

Apologies as I don't want to come across as greedy. I've read the responses and mindful that there are people who aren't supported at all!

I think I'm still going through it right now, up and down with the moods, and just getting angrier and angrier every time I think about what he's done and left me in this situation to deal with myself.

You can apply to the courts in some circumstances but I strongly doubt it as I'm guessing you aren't married. Spousal support tends to be from long marriages where one spouse has supported the others career by taking care of children and the household, especially where there's an involved, frequently moving especially overseas etc.

Taking him to court won’t help though, it will just drag out the anger. Claim CMS, be glad it’s a good amount and try and enjoy your life with your baby.

Thing is, if you take him to court he can reapply for CMS to take over payments after a year has elapsed. So you'd just be going backwards and forwards wasting money on legal fees.

Were you actively trying for a baby and he changed his mind? what's the background?

Better to work through your feelings and make peace with them than make yourself miserable. You're going to have a gorgeous child soon, I'd say you're the winner here.

Your application, if you want to make it, would be under Schedule 1 of the Children’s Act 1989. The first requirement would be mediation.

@DanaBarrettsKitchen the 12 month thing is for divorces. I’m assuming OP wasn’t married.

@MooseBeTimeForSnow The 12 month rule applies to child support orders as well, from Citizens Advice:

If you’ve had the (court) order for at least 12 months, you can ask the Child Maintenance Service (CMS) to arrange maintenance for you. You’ll only be able to claim from the date you apply to the CMS. You won’t get the arrears which have built up under the order from the CMS.

https://www.citizensadvice.org.uk/family/children-and-young-people/child-maintenance1/making-a-private-child-maintenance-arrangement/agreeing-maintenance-between-you/

The thing is, you get money to help bring up the baby. The amount you get/will be getting is plenty, and more than lots of households have to survive on each month. Just because he's earning more doesn't mean you're entitled to a portion of it. He may choose to save for his child, or contribute in other ways, but you shouldn't get it in your pocket.

I've not been through that process but I think you should get legal advice about what your chances of success are, i.e. if he is self-employed he will find various loopholes to stop paying.

Your child deserves the same level of financial support as if they lived with their father. Forget the fact that the CMS/ other fathers have been useless and do everything you can to give your child a good quality of life.

Child maintenance is not capped at 3000 per month, that's the weekly cap according to HMRC so it will be based on his actual salary, after pension contributions.

Only? That's plenty for a baby and anything you want further is from your own greed.

What's the situation OP ? In a relationship? oNS ? Married ? Living together ?

There ARE differences under the children's act but depends where you both were relationship wise at the time of conception and also v tricky !

As PP said the £3000 is per week.

From t'internet:

The highest amount of a paying parent's gross weekly income that the CMS can take into account is £3,000. If the paying parent's gross weekly income is more than this, the receiving parent can apply to the court for extra child maintenance.

Is this your first?
CMS notoriously make you jump through hoops to get “what is owed”. Unless he’s offering to pay towards said child, you are in for a long fight. Perhaps after then you will realise that anything is better than nothing.
My child is 6, I’ve not seen a penny. It’s been changed to various types of payment and he just doesn’t pay, declares himself as self employed and earning £17 a month, or something along those lines. £1100 a month? Gosh, single parents could only dream of such an amount of CMS!

Have you calculated his other 2 children into the CMS calculation, assuming they live with him some of the time? That reduces it to £877.