Some ex's use Child Maintenance as leverage - ie they will reduce your time with the kids to get more money from Child Maintenance. The system is, to be polite, rubbish. In my case my ex kept threatening for years to go to the CSA and get more money. Thankfully the CSA no longer exists and has been replaced with the CMS (Child Maintenance Service). One thing to do is approach them yourself and ask for an assessment - to prevent your ex going to them and falsely claiming various things. It is quite straightforward. A bit fiddly at first to get through to them (you have to get a "code" to quote to them).
They will suggest to you to try and have a family arrangement (ie an informal one) but say no thank you, you need it formalised. So they then go ahead and do an assessment. Sometimes you don't even need to provide anything - they just get your income details direct from the tax office. Depending on with your employed or self employed. They will tell you they will contact your Ex and ask if she wants an assessment. If she says yes, they go ahead and do one. If she says no (she might think she may get less than you're already paying!) they come back to you and say - you can still have an assessment if you want. But if she doesn't want it assessed you are not obliged to pay. Now that is what I was told! But the people you deal with can vary in what they say so don't rely on that and assume that you are always obliged to pay CM.
Within a week or so both you and your ex should receive a letter with the assessment worked out. You can still choose to pay directly rather than through the CMS (if you do it through the CMS there is a charge). If you do pay directly, make sure it is documented - done by standing order with a reference added to the standing order saying "Child Maintenance". So your ex can never accuse you of not having paid it - or saying the payments were for something else.
But if the assessment is lower than you are already paying by agreement, you may want to write to your ex (email or text so it's recorded) saying that although the assessment is lower you will continue to pay the same amount on a voluntary basis. That is an option if your ex is the type to try and stop the kids coming if the CM goes down. And gives her an incentive NOT to do that or she will get less money.
But it also depends on what you can afford. You will only have to pay what is assessed and if you're out of work, you maybe can only afford to pay the bare minimum. And if you have an ex who reacts angrily by stopping you seeing the children you may need to go to court to get a Child Arrangements order. Always try to show you have tried to resolve things before going to court. Polite emails or texts to your ex are good evidence of this. Eg apologising for the reduction but that you have no work and as soon as things improve for you, you will be able to pay more etc.
The whole situation of "contact" being related to payments is not good. But that is the system right now.
It is unfair - especially if the ex is wealthy and you are not. In terms of types of orders 50/50 shared care is best - for you and for the kids to ensure they keep up their healthy relationships and homes with both parents. If applying for this you have to be careful to state why it is in the childrens best interests, because some Cafcass officers see it as Dads just trying to get out of paying CM. Which is ridiculous anyway when you are already providing a home and sharing the cost of parenting 50/50!
If you can manage a 50/50 arrangement then try for it. There are ways of achieving it even if you're working full time or work shifts. If you can't, then the standard is every other week-end, a midweek overnight and half the school holidays.
They will suggest to you to try and have a family arrangement (ie an informal one) but say no thank you, you need it formalised. So they then go ahead and do an assessment. Sometimes you don't even need to provide anything - they just get your income details direct from the tax office. Depending on with your employed or self employed. They will tell you they will contact your Ex and ask if she wants an assessment. If she says yes, they go ahead and do one. If she says no (she might think she may get less than you're already paying!) they come back to you and say - you can still have an assessment if you want. But if she doesn't want it assessed you are not obliged to pay. Now that is what I was told! But the people you deal with can vary in what they say so don't rely on that and assume that you are always obliged to pay CM.
Within a week or so both you and your ex should receive a letter with the assessment worked out. You can still choose to pay directly rather than through the CMS (if you do it through the CMS there is a charge). If you do pay directly, make sure it is documented - done by standing order with a reference added to the standing order saying "Child Maintenance". So your ex can never accuse you of not having paid it - or saying the payments were for something else.
But if the assessment is lower than you are already paying by agreement, you may want to write to your ex (email or text so it's recorded) saying that although the assessment is lower you will continue to pay the same amount on a voluntary basis. That is an option if your ex is the type to try and stop the kids coming if the CM goes down. And gives her an incentive NOT to do that or she will get less money.
But it also depends on what you can afford. You will only have to pay what is assessed and if you're out of work, you maybe can only afford to pay the bare minimum. And if you have an ex who reacts angrily by stopping you seeing the children you may need to go to court to get a Child Arrangements order. Always try to show you have tried to resolve things before going to court. Polite emails or texts to your ex are good evidence of this. Eg apologising for the reduction but that you have no work and as soon as things improve for you, you will be able to pay more etc.
The whole situation of "contact" being related to payments is not good. But that is the system right now.
It is unfair - especially if the ex is wealthy and you are not. In terms of types of orders 50/50 shared care is best - for you and for the kids to ensure they keep up their healthy relationships and homes with both parents. If applying for this you have to be careful to state why it is in the childrens best interests, because some Cafcass officers see it as Dads just trying to get out of paying CM. Which is ridiculous anyway when you are already providing a home and sharing the cost of parenting 50/50!
If you can manage a 50/50 arrangement then try for it. There are ways of achieving it even if you're working full time or work shifts. If you can't, then the standard is every other week-end, a midweek overnight and half the school holidays.