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Surprise, Surprise CMS letter

DadLad

DadLad

Experienced member
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The day I won in court is the day she made an application for CMS. I can read her like a book.

I have always insisted on paying for anything our child needs but for the past 3 years my ex has refused everything, even presents etc.

As soon as I win in court = she makes an application for CMS.

Now the estimated amount they are trying to take from me will leave me with nothing each month.

What do they take into consideration?

Can I dispute this amount?

I have no idea about CMS so this is all new to me.
 
Hi DadLad,

I’m still very early on in the process (got my FHDRA soon) and my ex applied for CMS pretty much straight away. They base it on the number of overnights you have your child and certain things can be offset as expenses. Surprise, surprise ex is not allowing me to have overnights.

Have you looked at the CMS calculator to check the amount they are requesting seem correct?

www.gov.uk

Calculate your child maintenance

Use this calculator to work out an amount of child maintenance for your children.
www.gov.uk www.gov.uk

When I recently tried to get contact centre fees classed as expenses they said no. Apparently the child support (variations) regulations 2000 detail expenses that can be offset but I haven’t looked at this yet:

The Child Support (Variations) Regulations 2000

These Regulations provide for variations to the rate of child maintenance payable under the Child Support Act 1991 (c. 48) (“the Act”) consequent upon the introduction of changes to the child support system made by the Child Support, Pensions and Social Security Act 2000 (c. 19). Subject to...
www.legislation.gov.uk www.legislation.gov.uk
 
JC83 said:
Hi DadLad,

I’m still very early on in the process (got my FHDRA soon) and my ex applied for CMS pretty much straight away. They base it on the number of overnights you have your child and certain things can be offset as expenses.

Have you looked at the CMS calculator to check the amount they are requesting seem correct?

www.gov.uk

Calculate your child maintenance

Use this calculator to work out an amount of child maintenance for your children.
www.gov.uk www.gov.uk

When I recently tried to get contact centre fees classed as expenses they said no. Apparently the child support (variations) regulations 2000 detail expenses that can be offset but I haven’t looked at this yet:

The Child Support (Variations) Regulations 2000

These Regulations provide for variations to the rate of child maintenance payable under the Child Support Act 1991 (c. 48) (“the Act”) consequent upon the introduction of changes to the child support system made by the Child Support, Pensions and Social Security Act 2000 (c. 19). Subject to...
www.legislation.gov.uk www.legislation.gov.uk
Click to expand...

I currently have no overnights as Ive only just gained my contact rights and there is no final order until after reintroduction work through the ICFA.
 
Ok I think (based on my very limited experience) that ex may be ‘entitled’ to claim full CMS payments at the moment whilst you have no overnight contact. I think the amount you pay will lessen once you start having overnights.

Like I say, I’m no expert in this so will leave someone with more experience to advise further but I would check out the CMS calculator and what expenses you can claim for (e.g like travel costs).
 
JC83 said:
Ok I think (based on my very limited experience) that ex may be ‘entitled’ to claim full CMS payments at the moment whilst you have no overnight contact. I think the amount you pay will lessen once you start having overnights.

Like I say, I’m no expert in this so will leave someone with more experience to advise further but I would check out the CMS calculator and what expenses you can claim for (e.g like travel costs).
Click to expand...
Yes it's all based on nights per a year. So until you have something, I.e. an order confirming your time with the kids, you're likely to have to pay based on the calculator.
If there's no agreement between parents and no order in place default is to assume the 'non resident parent'has kids one night a week.
 
Does it count not being on the birth certificate?

I've been fighting to be on my child's birth certificate but as it stands I could be anyone.

For 3 years she has refused anything and now I win contact in court she makes an application to CMS on the same day.
 
No it makes no difference if you're not on the birth certificate. If she says you're the Father (and you've claimed to court you are!).

They make the assessment based on info about your earnings from HMRC. Have you checked the online calculator to see if their assessment is correct?
 
Ash said:
No it makes no difference if you're not on the birth certificate. If she says you're the Father (and you've claimed to court you are!).

They make the assessment based on info about your earnings from HMRC. Have you checked the online calculator to see if their assessment is correct?
Click to expand...

Yeah I've checked. I just wish she would make arrangements with me directly, I would support our child with absolutely anything. But now going through CMS it's a nightmare
 
If everything was that simple and child focussed. It all to show power and control. Least its logged that way, otherwise there be more room for futher allegations or non payments.
 
Who is it? said:
If everything was that simple and child focussed. It all to show power and control. Least its logged that way, otherwise there be more room for futher allegations or non payments.
Click to expand...

it's the premeditated actions. She loses in court and makes an application the exact same day.

But for 3 years refused any payments and she would have happily prevented me from seeing our child again.
 
Best to make payment for now as if you dont, they can add 20% for collect and pay. I had to call and revert to direct as difference was stupid and unaffordable.
 
DadLad said:
Would this be something to mention in court or would they just frown at it?

I mean her very calculated and premeditated behaviour?
Click to expand...
Afraid not - CMS is separate and this is standard behaviour!
 
Ash said:
Afraid not - CMS is separate and this is standard behaviour!
Click to expand...

I find it really sad with the petty games. We just want to be involved in our kids lives while they just want to hurt and punish and make us suffer.

One thing for sure is.. Karma is very, very real.
 
I feel your pain DadLad. Like I said, my ex applied for it pretty much as soon as we separated knowing I would be hammered with the full payment as she’s not allowing me overnights with my child.

My contact centre fees are around £450 a month at the moment too. She’s doing it to hurt me financially in the hope I’ll give up but I’ll keep fighting.

Did you get 50/50 after your FF?
 
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