CMS Nightmare

[Siesta72]

Hi Ex partner has filed for CMS out of the blue which I recieved at xmas time.

I work on a contract basis on an hourly rate so my wage fluctuates wildly depending if I am working and how many hours I do, might have an odd short week earning 700 gross but most of the time is 15-1600

I did offer her £50pw provided I can see him.

She is withholding contact and making me take her to court and obviously has my son 7 nights a week because of this.

Submitted income to CMS of an estimated figure of 45k due to not having a crystal ball and being able to forecast future work. Which would make my payments around 100pw which I am ok with. Might be wrong but my understanding is as long as my income does not exceed 125% of this figure it would be ok for a year?

They did say they will look into this but they may take my last 5 payslips which have been close to 2k gross (was doing ot to try and save for upcoming court costs) If they do this I will struggle massively due to the nature of my work as some weeks I earn 0.

So pending the calculation which I have not yet received I have an FHDRA hearing on the 23rd.

I have tried to mention this to respondents mother and offered to still pay 12% of gross earnings (same as cms) but calculated on a weekly basis rather than the stupid way it is calculated by CMS. I was however ignored. (surprise surprise)

Can i put this in my position statement for the fhdra that I would like a court order for maintenance payments due to fluctuation of work. If s,o is it likely it would be considered? or just laughed at?

Also, I would like to push for interim contact order at a contact centre, If i am to pay for this can I deduct this from my CMS payments?

believe it is to the tune of £100\hr

Thanks all

 

[Kyle]

The Family Courts are not interested in Child Maintenance. This is the root cause of why my ex obstucts my access to my son, as every time I experience a financial blip, and fall behind a bit, she makes welfare allegations and stops cooperating. But she can't help herself in hearings and it always comes out of her mouth once she exhausts the desperate welfare lies and she's told, that is not the courts concern. Maintenance is managed through the CMS.

The Family Courts exists to make decisions around children when the parents can't resolve disputes themselves. The FHDRA will be to hear about why she doesn't want you fullfilling your role as father and to decide Lives With and Spends Time With arrangements.

She can only obstruct your access if she is alleging you're not safe to be around. And the court has to pick that allegation apart to decide if its the allegation is valid. What is she alleging?

From experience, its best to keep contacting the CMS, as they are so disorganised and dysfunctional. Its not uncommon for you get completely different opinions from the call centre agents every time you call.

Setting up an account on the CMS portal is also handy as it provides a platform for keeping your information up-to-date and avoids spending 10-15-20 minutes in a queue on the phone.

Have you submitted a C100 to apply for a Child Arrangements Order?

 

[delboy1]

If you are classed as self employed they will use you last year's earnings as an annual income as use that figure to calculate your payments. The online calculator will give you the figure, don't forget to deduct any pension payments from you gross income when using the online calculator

 

[Peanut 21]

Sorry, I know your query is cms based but where are you at with c100 hearings?