Hi all,
Just after some pointers really as everything on Google etc is all about this from the woman's perspective and I am trying to get my head around it.
My partner was awarded 50:50 of his children. It states in the court order that they have two homes. His ex has told CMS that he doesn't share the day to day care and therefore they are pursing him for continued child maintenance. He was asked to provide proof of various things, which he duly did. They rejected the dispute.
He is going to have to take it to tribunal (which in itself is ridiculous - ie ex said he wasn't a contact on GP/school/dentist and he provided evidence to the contrary! He pays for half of their extra curricular clubs - did this even when paying child maintenance!)
He's now been contacted, as he stopped payments when awarded 50:50, and then was in dispute, that she had reported him for non payments and he now has to pay to avoid it being taken from his salary - despite being in dispute and taking it to tribunal.
He's never going to see that money again?! I have zero doubt that he will win the tribunal because his ex has just lied and lied and he has proof to the contrary (that the cms can't possibly consider). Does anyone know what he would then do about the almost 1k he paid her unnecessarily?
I get it - I have an ex who is USELESS and this system would protect me if I needed it but my god, it penalises men who are actually good...
It's so frustrating. This has just been a bit of a rant really but anyone with any tips - would be so appreciated!
Thanks :)
Connect with other Mumsnetters here for step-parenting advice and support.
Step-parenting
CMS nonsense...help please
nodeerinere · 13/03/2024 20:48
Kitkat1523 · 13/03/2024 20:51
Guess he would need to go to court to get it back…probs not worth the hassle and expense
Mummame222 · 13/03/2024 21:13
She can claim CM assuming she is the one in receipt of child benefit? He’s probably still going to have to pay.
https://watson-thomas.co.uk/help-and-advice/31-help-and-advice-children/182-child-maintenance-when-you-have-an-equal-share-in-parenting
nodeerinere · 13/03/2024 23:00
As he has shared day to day care, he shouldn't be liable for any child maintenance (this is stated on gov website). However ex is refusing to confirm he does.
He can't receive child benefit as he earns over threshold.
Mummame222 · 13/03/2024 21:13
She can claim CM assuming she is the one in receipt of child benefit? He’s probably still going to have to pay.
https://watson-thomas.co.uk/help-and-advice/31-help-and-advice-children/182-child-maintenance-when-you-have-an-equal-share-in-parenting
This reply has been withdrawn
The OP has privacy concerns, so we've agreed to take this down now.
Willyoujustbequiet · 13/03/2024 23:30
CMS is still liable sometimes on 50/50. It hangs on the child benefit. My friend has just been through this and was told her claim.was successful as she applied for CB first
nodeerinere · 13/03/2024 23:00
As he has shared day to day care, he shouldn't be liable for any child maintenance (this is stated on gov website). However ex is refusing to confirm he does.
He can't receive child benefit as he earns over threshold.
Mummame222 · 13/03/2024 21:13
She can claim CM assuming she is the one in receipt of child benefit? He’s probably still going to have to pay.
https://watson-thomas.co.uk/help-and-advice/31-help-and-advice-children/182-child-maintenance-when-you-have-an-equal-share-in-parenting
Luckydog7 · 14/03/2024 06:30
If there is a big disparity in income then yes sometimes maintenance is still due even on 50/50 care. Make sure you know this isn't the reason for the confusion.
I'm sure I have seen on here, mother's complaining that a father deliberately overpayed then claimed they had overpayed with CMS who reduced their payment for the rest of the year so there is obviously a mechanism for this. Could you tell CMS that an overpayment has been made and you want to reduce remaining payments for X amount of time?
nodeerinere · 13/03/2024 23:00
As he has shared day to day care, he shouldn't be liable for any child maintenance (this is stated on gov website). However ex is refusing to confirm he does.
He can't receive child benefit as he earns over threshold.
Mummame222 · 13/03/2024 21:13
She can claim CM assuming she is the one in receipt of child benefit? He’s probably still going to have to pay.
https://watson-thomas.co.uk/help-and-advice/31-help-and-advice-children/182-child-maintenance-when-you-have-an-equal-share-in-parenting
Chocolatebuttonns · 14/03/2024 07:50
There is a mechanism for it, we used it. They worked it out wrong, I rang them and did the maths for them, they then never actioned it. I called to complain. Nothing happened. They said they'd tried to contact us but never did. Gave up in the end as we knew the ex wouldn't ever voluntarily give it back anyway.
Things are in place but they're extraordinarily shit (from both sides)
Luckydog7 · 14/03/2024 06:30
If there is a big disparity in income then yes sometimes maintenance is still due even on 50/50 care. Make sure you know this isn't the reason for the confusion.
I'm sure I have seen on here, mother's complaining that a father deliberately overpayed then claimed they had overpayed with CMS who reduced their payment for the rest of the year so there is obviously a mechanism for this. Could you tell CMS that an overpayment has been made and you want to reduce remaining payments for X amount of time?
Don’t want to miss threads like this?
Weekly
Sign up to our weekly round up and get all the best threads sent straight to your inbox!
Log in to update your newsletter preferences.
You've subscribed!
Shadyladyy · 14/03/2024 07:54
@Mummame222
That isn’t why CMS is there or there would be plenty of cases whereby they RP had to pay the NRP CMS….the RP isn’t always the worst off.
To comment on this thread you need to create a Mumsnet account.