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TOPIC: Child Maintenance

Child Maintenance 1 week 3 days ago #102206

Hi ,

I have 2 girls , one 16 and one 15 both in full time education . The older girl recently moved in with me . I would have thought the maintenance that I was paying my ex would now stop as we had one child each to be responsible for financially.

I got a message this morning that she wants 12.5 % of my gross income as she does not work ( recently had a baby with a new partner) .

One other thing can I claim child tax credits ?

Thank you

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Child Maintenance 1 week 3 days ago #102207

Hi,

Are you paying through a family agreement or via the CMS?

If you are unable to agree mutually I believe you should contact the CMS. Give them the facts and let them determine the payments required.

Re: wanting 12.5% of your salary I would seek legal advice.

I recently divorced from my ex and she was claiming that she is entitled to child maintenance as she deserves the same life style I have with the children. She only works 2 days a week, I’m full time but we share 50/50 custody. CMS sorted this and explained her entitlements to her.

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Last Edit: by DadForever123.

Child Maintenance 1 week 2 days ago #102232

Hi,

Don’t expect the CMS to deal with you fairly. If they say you need to pay that then officially ask for the decision to be reviewed and if necessary take it to Tribunal. There must be a common sense argument here. You each looking after 1 child each 100% is surely equivalent to you looking after 2 for 50% of the time. Therefore the care of the children is shared equally and there should be no maintenance.

Not sure of your circumstances but have you thought about raising a claim via the CMS for your ex to pay you child support for the child you are looking after? Also make sure you get the child benefit for that child paid to you.

This would hopefully off-set some of the money you have to pay out.

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Child Maintenance 1 week 2 days ago #102240

these things are difficult to sort. CMS usually ask to see a court order stating who the kids live with and how many nights. do you have any kind of messages, emails/whatsapp that confirms your kids arrangements?

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Child Maintenance 1 week 2 days ago #102243

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I suspect that CMS will treat it as 2 separate cases for the calculation, so you will pay a percentage of your salary to her for one child, and she'll pay a percentage of hers (and as she's on benefits, that will be a flat rate of £7 per week) for the other child.

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