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?

Surely £1,109 is the correct sum? It's 12% of his pay which works out closer to the £10,000 than the £3,000.

I mean, that's nothing to sniff at. That's half of my monthly pay and I get nothing at all from my children's father.

For one child that's a very good amount. How long were you together? From what you've said in your previous post the baby wasn't planned. He said hypothetically about wanting kids possibly in the future but presumably that was a throw away comment, probably to keep you interested as he was older than you. If you decided to go ahead based on that then I don't think you have a right to be angry or go after his money beyond what is reasonable maintenance.

Most posters have got side tracked because they get less.

OF COURSE the CMS is not capped at £3k income a month! That's only £36k a year and most men with children would be above that.

It's £3k a week, or an income of what £200k a year. Which your ex is way below.

She said 10k a month not 3k

That's what he gets @TeaKitten, not the cap.
The op thinks the cap is £3k a month and he's over it.
He isn't because the cap is £3k per week and he gets £2.5k.

The amount still works out to what OP put in her post though, she’s not mistaken about that, and it’s less if his other children live with him

If only we could come with an invention to make sure men can't impregnate women to then abandon them with the baby, some sort of legal contract... Oh wait, we did invent that already... It was called "marriage", but then the women's liberation movement decided to invent "no fault divorce", so well, thank the feminist movement for that one

No fault divorce hasn’t changed child maintenance payments.

How is that plenty for a baby? It won’t even cover the cost of a month of childcare.

Child maintaince is not the same as a present husband and father made to provide for his family. Before no fault divorce as neither of them are abusive or dangerous he wouldn't have been able to just leave her, and marriage laws in the past enforced marital responsibilities such as men staying and providing.

Ok that’s just an odd view.

I don't think the cap is £3k a month; my EXDP is on circa £60k, and taking into account he has 1 older SC he pays for, I receive the right amount according to their calculations.

Put the claim in to CMS, and don't waste money going to court for more. £1,000 a month is more than enough for one DC, assuming you are also putting in the same (as his share should be 50% of DC costs).

It will cover more than half of it though.

Well now even if you get married you have to pray and hope your husband won't leave you to be a single mother in a vulnerable and hard position. Before marriage actually meant something. How does this help women?

You and I aren’t going to agree on marriage views so let’s just leave it there so not to derail OPs thread.

Just because the amount is more than some people get and more than some people’s wages doesn’t mean it’s ‘enough’. It’s all relative surely. We wouldn’t say a footballer paying 1000 a month was enough. Some people just live a different lifestyle. That’s why there is that option to go to court surely.
Op if he’s paying cm for another 3 children the amount you get will be greatly lessened. If they live with him it will be lowered too but I actually don’t think by nearly as much. It seems from above you got the cap wrong but if not it might be worth mediating with him first at least.

The cap is £12,000 a month so you won't be entitled to more than the calculator says I'd imagine.

Just because he's earning more doesn't mean you're entitled to a portion of it.
i do hear this argument, but also, if he was in the baby’s life the baby would get more money (or the benefits of those sorts of resources) If op was earning that much money herself, the baby would get more of it. if he wanted someone else to look after the child he created 24/7 as he’s expecting op to do, then he would pay a lot more than £1000 a month.
its going to cost op a lot more than that if she’s working full time to look after the baby too. I think it’s a difficult one. Just because the systems broken and some people are getting £100 a month, doesn’t really make this ok.

Don’t forget the mums half as she will need to provide financially for baby also.

But she’s doing 100% of the childcare. So she needs to do 100% of childcare and 50% of the finances?
whilst he just does 50% of the finances?

and obviously she can just find childcare that’s affordable and fits around work, and a job that pays well enough but also is ok for nursery/school hours and also fine if she has to take time off for kids being sick etc. Because that’s all easy enough. Again whilst he worries about non of that.

not to mention full time childcare around where I live is £1900 a month. So add in nappies, food, rent, clothes, bills, anything else the child needs for school or development like toys etc. And actually op would be doing a lot more than 50% finances too, before you even add in luxuries like holidays.

Totally agree I’m not disputing that. Just pointing out that OP will also be contributing. We don’t know their finances so we don’t know what split they will be, we don’t know if op works full time and needs full time childcare. If he’s having nothing to do with the baby that will be taken into account with cms.

Tbf i get why the OP is mad..

He has 10000 a month, so i am guessing his older kids got this privilege and benefit of a high earner parent..he has washed his hands and doesnt want to provide equal lifestyle for his other child or even know them..

As a mum i would be seething if my child is treated with such inequality.

I know 1000 is a hell of a lot but this guy can afford to do better. I don't think its a race to the bottom, the bar should be raised higher.

It's not just what he's done though is it I'm pretty sure you played a part in conception.

100% agree

@lovedoeshurt I don't know if you've seen some of the older threads with similar questions on this topic:
https://www.mumsnet.com/talk/lone_parents/4816955-cms-high-earner-question

In the above @SheilaFentiman helpfully directs to some guidance on a law firm's website, based on previous court judgements. These judgements are not legally binding, but may give an indication as to the level of income at which judges consider it necessary to depart from the CMS formula. One judgement quoted states the judge considers he would depart from the CMS formula where the gross annual income of the non-resident parent is "very much in excess" of the CMS cap. Another judge has suggested where the income is over £650,000. https://www.bortoftbell.com/blog/claiming-child-maintenance/

It's probably best to seek legal advice about how much it will cost you to go to court to pursue this, and their opinion of the chances of success.