Corrections to Child Maintenance

[Traveller123]

CM for one child was set at 150/week last year based on historical earnings as I was unemployed at the time. However, actual earning for Tax year ending 5 April 2017 are much less.

Based on actual earning CM should be 90/week. To recover the overpayment of 60/week I would be paying 30/week till end of next tax year when review is done again.

Whilst the above is mathematically correct, 30/week would not go very far and I would like to see either Son or his Mother struggling. Anyone else faced this situation? If so how did they resolve

I don't get the relevance of the trust fund?

To Janeismymiddlename. The SM of £400 per month is what she has to spend on herself. Child benefits, child tax credits and working tax credits pay for house and utilities. Her earnings cover other costs such as food and clothes. Plus £125,000 in bank. For sure not struggling

To Lunar. Trust fund is to cover University costs if son decides to take that route. If not then he will have some money for deposit on property rather looking to bank of dad when I am approaching end of working days.

His mother has paid nothing into his trust fund not helped with her daughters University costs, but can somehow find money to send overseas? Obviously maintenance being used for purposes other maintenance. So if extra was paid into sons trust fund I would know that some of the child maintenance actually benefits the child

WTF does any of this have to do with CM?
CM is based on your income.

I think if CM is such an issue you should look to seek custody of your child.

The SM of £400 per month is what she has to spend on herself. Child benefits, child tax credits and working tax credits pay for house and utilities

No. It is her household income all in one big pot she uses for her expenses.

To be Want2besupermum. I work outside UK so custody is not possible.

To Janeismymiddlename. Since when has sending money overseas to run a house that has not been visited in 4 years essential expenses?

To Pest. Correct CM is based solely on NRP income. Start of thread was what to do if actual income is less than that assumed when CM first calculated.

Of course custody is possible, you will just need to employ a nanny. £600 gross per week should cover it.

To Pest. My parents offered to look after son as they also live close to his school. Ex wife objected on basis they are too old and he may be at risk. Also threatened to take son back to her home country so neither myself nor his grandparents saw him again.

That too convinces me that ex wife makes a profit from maintenance. After all if she was out of pocket after receiving maintenance would she not be happy to let someone else take over responsibility for day to day care of child? She lives close to my parents so contact would never be an issue

You must have been a dream to be married to.

Stop attempting to be a financially abusive, controlling twat. Give your exDW the £90 a week she is owed by you. AND butt out of her financial affairs.

She is looking after your DS, how she spends her money is fuck all to do with you.

HTH

To Pest. If you see a job advertised at the Samaritans don't bother applying. You don't have the necessary tact.

Why are you getting copies of your ex wife's personal transactions from your step daughter and does your ex wife know her daughter has been giving you copies?

If you've asked your step daughter to get copies for you without your ex knowledge that's bang out of order, if your step daughter has taken copies herself without you asking, then she is bang out of order too and you shouldn't have looked at them and told step daughter not to interfere in her Mums personal finances.

You do realise you don't get to control how your ex manages her finances, you don't get a say in how much her housing should cost. You don't need to know why she rents instead of buying because it's absolutely none of your business at all.

Contributing to your own child's costs doesn't give you entitlement to know the other parents financial ins and outs, younsiund very much like my Dad, he would stop paying the pittance he already paid if he got wind of Mum buying anything non child related, like a duvet for her bed, he and his wife would question us at contact about Mums coming and goings he'd also say our clothes were tatty and old, they weren't, he just had some stupid idea that Mum should use the pittance he gave her to buy a selection of expensive outfits for when we visit him, even though he never actually took anywhere because again, he said he gave Mam money for that stuff, where is she spending it if she can't take you out, etc etc.

You sound finacially controlling, you really do, if you had genuine concerns about her not meeting your child's needs, housing, clothing, feeding etc, then you'd have raised concerns with relevant authorities, it sounds like you just don't like not having a say in how she spends her own money.

I think Traveller could have said he gave hix ex half a Mil and some people in this thread would have jumped all over him.

Have you thought of going 50/50 for your child?

The SM of £400 per month is what she has to spend on herself. Child benefits, child tax credits and working tax credits pay for house and utilities

No. It is her household income all in one big pot she uses for her expenses.

LOL, your response reminds me of Dads when someone asked him why if he thought my Mum was so shitty he didn't try getting custody. His answer was he worked long hours so couldn't have us.

My Dad had no idea how much his children cost to raise, or just a little of a way his pittance went, the hardship he'd cause when he didn't pay if he thought my Mum has spent a few pounds on herself.

If your ex became seriously ill, or had an accident and died are you really saying you wouldn't have custody of your child? IF you would have him live with you, then it's possible now if you thought she wasn't meeting your sons needs, you'd have to take a different job, possibly lower paid, or pay for a nanny.

I've often wondered why parents with these complaints don't go for custody or even at least 50/50 if they think the other one isn't providing for them. They complain about the care the Mum provides but dont seem to want to do it themselves. Why would that be?

I think part of the issue is you feel the money is yours, whereas once it's handed to her, it's hers and isn't any of your business if she has some left over, you seem to think she shouldn't be able,to have any left? FWIW she could win the lottery and have millions spare every month, you're still, obliged to financially contribute.

You think that if she was out of pocket that she would be fine with handing her kid over to someone else?

Are you high?

After all if she was out of pocket after receiving maintenance would she not be happy to let someone else take over responsibility for day to day care of child? She lives close to my parents so contact would never be an issue

Jesus wept. I think you will find that the majority of parents would go without themselves (and indeed, many parents do go without) in order to ensure their children have all that they need. You accuse your ex of only being interested in money? As a half decent parent, I expect she would rather live in a cave with her child rather than live the highlife without. Not that I think you'll understand that.

To Spartacus. Stepdaughters job every Saturday was to go to WesternUnion to send money to her mother's family overseas long before I filed for divorce. She showed me copies after she was told by her mother she could not have any money for University as mother was struggling.

You thought she should hand her child to your parents to raise?

To Oswin. When child was younger they used to have him weeks at a time while his mother visited her family in home country whilst I was working out of UK. However, myself and parents rarely see him since divorce was finalised. Obviously still in the huff that courts did not agree to her demands which legal people described as outrageous.

To Ginandsonic. Ex wanted me to have child as soon as divorce was over. However, as I keep moving from one country to another it was not considered good for child's schooling. Plus some of the country's I have worked in would not allow it as single status only. Many places dangerous too such as Iraq.

So I suggested that my parents look after child as they live close to his school. Ex wife's reply was:

"But that means you won't be paying anything as his grandparents will look after him for free"

So obviously ex wife sees maintenance as a punishment as I filed for divorce after 2 years of inviting her to file if she not happy.

To Janeismymiddlename. SM is meant to be a top up if receiving spouses income does not cover essential costs. It is calculated after receiving partner has prepared a budget based on needs only

In my case that did not happen. The £400 is half of rent I receive from former family home made as offer and not by calculating needs.

That ex wife can send upto £200 per month overseas proves she has surplus income or child is not receiving the benefits of maintenance

To all above. Received confirmation today from CMS that based on HMRC records, the figure of 90/week is the correct calculation. Purpose of annual review is to ensure RP receives correct amount from NRP. If what has previously been paid is too low then future payment shall increase and vice versa. They also advised that charges are made by CMS to deter use of CMS and encourage partners so agree amongst themselves. A good point I thought.

Legal and accounts people took a very different view. Both advised to recover the full amount based on ex wife's behaviour during court proceedings. She refused to disclose her bank statements by ignoring the FDA Order. Also invented a story about a 9 year chronic back problem that would force her to stop working even though she had been attending local Gym 2 times per week for previous 7 years. That she is doing same job one year after Final Hearing also proves that the 9 year Chronic Back problem was a lie.

I would ignore some of the PP, it sounds as though she has been well provided for during the divorce and you don't sound difficult. Arranging child maintenance privately involves TWO cooperative adults but only ONE is significantly penalised, irrelevant of the uncooperative party.

It seems a lot of RPs would want you to hand over everything you have and prevent you from having any standard of living post divorce/separation. So many NRPs can't afford their own proper accommodation after maintenance which is still needed to support a relationship with their children. They don't receive a proportion of child benefit, child tax credit etc. but for example, will still need to pay for clothes, activities on top of the maintenance for their children. The gross calculation is crippling and in my opinion, unfair. A word of warning, if you go on to have more children, they only cost a few pounds a week to support in the eyes of the CMS. The current system is a disorganised disgrace.

That ex wife can send upto £200 per month overseas proves she has surplus income or child is not receiving the benefits of maintenance

Because she shouldn't have the ability to save? To know that at some point the house will need new windows or the car will need replacing? She should love hand to mouth?