hope i will find an answer here as someone would been through similar situation. So my boyfriend was paying to her ex certain amount that they both agreed. Lately she stoped him to seeing his child so he stoped paying her. He went to mediator to start the whole court process but she ignored it. And we got a letter from CMS that he supposed to be paying certain amount and after talking with them they reduced it by £100 which is still a lot for us. We also have a son. His salary literally was enough to pay the rent bills there was nothing left for food or clothes even for our child. i am working part time so this money (£500)we are spending for food and extras like clothes, its not much. I am sure that her ex who is working part time and having all the benefits has more money for 2 of them rather than we for all 3 of is. Now the question is if we will go to tribunal would they consider all facts that there is nothing to spend from his salary and that we have probably less than her?
laws state that you have to pay child maintenance even if you dont get to see your children i have had family members tell me to stop payment as ex being stupid and tried stopping contact. i am officially registered with CMS, so stopping payments would be a very silly thing to do. they would switch to collection payments and hammer me with 20% fee on top of each payment.
what he should do is when this goes to court, try get a good arrangement in place. however many nights he spends with the child, he can show this court order to CMS and they will reduce his payments. you say you also have a son. if he tells CMS that another child is living with him, his payments get reduced. and also if he pays into a pension. i dont think you can take this to tribunal. tribunals usually only happen when they believe the dad is not paying enough.