Hi all, looking for some advice on this one as it's my first dealing with the CMA. Long story short my ex-wife and I had a family based agreement where I paid CM in accordance with their calculator. I did that for 18 months. I recently reviewed it and realised I had overpaid the ex by circa £2k in the previous 12 months as I'd bought my house and ramped up hosting my kids 5 nights in 14. I asked the ex how she'd like to address it, she said if I am right she'll pay it back. She satisfied herself my calculations were correct by having sight of my payslips albeit with non relevant info blocked out. She then went quiet so I advised her that instead of paying the reduced payment I would stop for a month which brought the outstanding balance down to circa £1.5k. The following month I had the kids 50/50 so made no payment again.
Since before this I have been trying to get her agreement to give me 50/50 equal shared access but she's refusing. This is just another 2 days per fortnight.This has come to a head during the summer holidays where I have 50/50 shared care into September. I've now arranged for a mediation session with the view to going to Family Court but have now had a call from the CMA saying I owe her child maintenance going forwards based in the 5 nights in 14 schedule we've had for the last 12 months. They seem to have accepted it's been 50/50 during the summer but in the absence of a court order want me to pay based on the last 12 months.
The question is can the CMA apply maintenance payments whilst the hosting schedule is legally in dispute? The ex if offering 5 nights in 14, I want 7 so the CMA are charging me based on 5 in 14 even though during the summer at the point the ex engaged them it's been 50/50. Admittedly whilst I pursue a legal route to 50/50 I'll accept 5 in 14 so on one hand this does appear fair but this isn't an agreement, it's an interim measure. It feels to me like it's an easy way to make money. On welfare grounds I think I have a really strong case for 50/50 but whilst this is dragged out by her not agreeing it seems I am going to have to suck it up and pay her.
Hi There,
You are correct in the absence of a court order CMS will go with what they are told, the only way to challenge it would be to have evidence, but your evidence would only show the summer so they would go back to the 5 in 14.
You aren't doing too badly in the grand scheme of things and at least she is using 5 in 14 rather than saying less which would leave you paying even more.
I would go the route that you are going with mediation with a view to applying to court if you don't get anywhere, and pay the CMS what they are asking, you can update them with either a copy of the agreement from mediation or the court papers if you go that route when it is all settled and they should adjust it for you.
GTTS
The CMS work in units of 52 days per year, so 50/50 would be 182/3 days, so if you go back a year, I presume that you are in a band or two below this, so they won't give you the 50/50 calculation.