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

To HelloThereitsme

Good to hear your ex pays above CM. can't comment about the lack of time contributions. Does he live close by would there be lots of travel requirements?

Don't know the age of your children, but if old enough to go to school alone maybe you can afford taxi contract? Savings in fuel and wear and tear on your own vehicle would help to offset costs.

I am happy to pay above CMS assessment, but only if spent on the child.

Janeismymiddlename

I would not deny that some PWC get bad deal and some NRP make it their mission in life not to pay maintenance. However, many PWC (usually ex wife) base their expectations on greed, anger and revenge. Judge Mostyn recorded this in his ruling over SM in 2014.

That's what happened in my case and why proceedings took around 18 months to be concluded. Ex jumped from one solicitor to another because courts were not agreeing to her demand of £4500 per month for life. Even had the foolishness to scream racist to judge at end of final hearing.

About £40K spent on legal costs (£25K by myself and £15K by ex). Ex could have had every penny of that as cost to myself is same region who received the money.

As she did not get her own way she penalises the child by not taking him to his clubs and hobbies because she can't afford it even though she has net income of £2200 per month and £125K in the bank.

Op I feel for your son I really do.

I think based son what you have told us your ex has it easy.

I have no idea why some posters on here will just take the ex wife's side regardless of what information is given.

Sounds like she is bitter and greedy and has enough to support herself and son. Based on that I would only pay the minimum. The money is best spent put in a trust fund for your son.

When your son is 11 you can open him a junior bank account in his own name and he can have access to a card to get some funds for himself if you wish. You will need a copy of his birth certificate for this though.

I do think you need to detach from your ex wife's life though. As others have said, you can't confirm what she spends her money on. But you can control how much excess cash you pay her.

There is no way I would hand over more than I need to if I thought my ex husband was blowing it on shit.

I'm lucky that means my ex husband have a 50/50 split ao we don't pay any maintenance either way.

Good luck op.

Exactly what sapphire said. I'd open a bank account that he has access to and give him the money to spend or even start him a savings account for when he's older?
I didn't mean to sound like I was attacking you before btw. It's a strange situation!

Why has OP started a new thread in legal today?

Lunde

I was looking for a legal opinion which was provided. Unfortunately some have used it as a general forum rather than post on this thread

To Sapphire and NeverKnowing

Sapphires words are similar to that used by judge when summing up at final hearing.

Son has had a save the change account for several years contributed to by myself and his grandparents. It has grown into a tidy sum. Not that long before he is 11 and can access it himself. My fear is that his mother will try and take it.

To Sapphire and NeverKnowing

Don't be too critical of other posters as at end of day they are entitled to their opinion. I imagine the more negative comments are made by those that have ex husbands who have made it their mission to pay as little maintenance as possible, or none at all, by playing the system. The new CMS scheme is less favourable to RP than previous CSA. Likewise some CMS case workers don't seem to understand how to interpret HMRC information and exclude unearned income from their assessment even though the figures are detailed on HMRC Self Assessment Tax Returns.

Proposal I made to ex was that I would not seek recovery of any previous over payments as she will have incurred costs when moving house and anything left over would help to offset her self inflicted legal costs. I am prepared to pay same CM amount in total as before if the excess is spent on the child, but that has been rejected.

Court action has been threatened again. Hence my post on legal.

To Retrovibes re your comment on Legal

"Have an answer for everything don't you.
Sound like a typical dead beat sperm donor"

Suggest you read the advice that was given immediately below your post by Collaborate.

SMs seem very resentful towards money for their sks! My exs partner has complained to my daughter about me getting any maintenance! I am on ESA due to ill health yet she has a problem with me getting something from ex!

maybe that's because that is what you would do? I bet she will let him buy clothes or computer games etc with it! It will be treated like birthday money etc

Emilysmum71

Why would you blame the step-mum? My ex pays nothing for our DC, it never entered my head that it was anything to do with his partner. Has she said something to you about it?

I think you should pay minimum and try to get the over payment back. Mn is always on the side of the mum. Some mums don't deserve it. The cms in the uk is laughable the way they calculate payment.

To All Posters

This thread has served its purpose for me. Some helpful suggestions, some not helpful and some totally appalling resulting in removal by MNHQ.

Ex has served notice of intention to return to the courts and challenge CMS assessment. How long proceedings will take to complete I don't know. However, it is sad to know that ex can afford further legal costs, but can't afford to take child to his clubs and hobbies?

Everyone entitled to their opinion, but those on this thread who supported OP may wish to read other thread they started about reducing spousal maintenance. Think they have been blocked?

All sorted now. Details on another thread "Ex deprives themselves of Income" if anyone interested.

See that the traveller guys thread about Spousal Maintenance has been removed as he was a previously banned poster, but this thread has not? Look very similar to me

With regards to your OP you basically have 2 options 1. You pay the 30 a week to recover your overpayment if you are paying her direct as it is up to you to arrange payments/ overpayment between your selves. From your other posts you do not think your EW is struggling financially so for 1 year if she is receiving reduced maintenance maybe she will have to use her other sources of income/ funds etc.

1. If you can afford to write your overpayment off and just pay the 90 a week that you are supposed to pay. Not ideal but an option.

Furthermore the charges brought into the maintenance system were to deter people from using statutory scheme- however when money is such a contentious issue this was never going to happen. It was also to try and help parents pay the right amount but pay direct between themselves giving the resident parent the back up if direct payments fail hence such the high charge for the parent who is paying. Thirdly I would say to you now she has what she has.... you contribute towards the upbring of your child. She does with her 'pot' what she does and you can't and don't have a say in that unfortunately. Yes she should be adequately providing your son with clothes, food , essentials etc. And it will seem incredibly unfair to you if you see / think he is not adequately clothed etc. However this is not an issue for child maintenance to resolve. Perhaps you can buy him clothes etc for when he is with you. You have states it is not possible for him to live with you full time. Can you arrange through family courts for 50/50 residency, providing you are 100% sure your parents can look after him when you are working away. I would week some legal advice about this. Finally, have you thought perhaps can you do less travelling in your job?, can you change job? If this would mean less money, this would also mean, less maintenance, can you downsize? Reduce outgoings etc, if you are very concerned about the welfare of your son, being around him will be much much more beneficial to him than all the material things. Hope you get sorted.