Not sure how I'll stand with maintenance once court starts

[PoorMe]

Ello folks.

We've been split up for 10 years. I've never missed a payment (I think I missed one in 2015 when I was out of work, but my mum might have covered it, I forget), and in fact I've often in years gone by I've given her advances, many many times, occasionally letting her off paying back the advances and doing "resets". She of course claims this is all a way of controlling her lmao.

I've always, always, gone by what the online government calculator thing says. And I am often (i think I am right now), actually paying a little more than what that thing says.

My question is: is that online calculator a reliable indicator of how things might continue following court, if she makes some financial applications? I have very little disposable income as it is, in fact I'm going into this several grand in debt as it is. Paying court fees and the occasional bit of solicitor will need to be paid for with credit and probably, if I can get one, a second job.

She works part time and gets Universal Credit, so for the CAO part of proceedings I still expect her to get legal aid.

Any thoughts/experiences on the above?

Cheers.

 

[capa]

How do you pay, is it through the CMS or standing order to ex?

 

[PoorMe]

No CMS. Not even standing order, I just make the payment manually through bank transfer. Just last few days, allegedly because her solicitor asked, she's been wanting to know if I'd put it on standing order. I've never bothered because, as I've said, she sometimes wants advances. Or sometimes, not recently, I've had extra income that I've given her a cut of.

 

[PoorMe]

Should add that I'm salaried.

 

[Ash]

If you're paying informally, it's really important that the payments are marked with a reference that says "Child Maintenance" otherwise she could claim you've never paid any and you can't prove it. That has happened before. So I would set up the standing order and give it a reference "Child Maintenance". It does mean it'll go out on the same day each month so you'll need to budget for that. I had a similar issue - I just used to pay it directly into my ex's bank account each month by going to the bank and although I'd get a receipt, it wasn't marked as Child Maintenance, whereas a Standing Order has a reference so you can prove it. If you did ask the CMS for an assessment they would tell you how much you should be paying each month (they calculate it from your tax return info and get that directly from HMRC) but you could still opt for direct pay and pay it by standing order. However that might upset the applecart and create some aggro, if the amount is less than you're paying now. To keep things smooth I'd just continue to pay the amount you pay now, if it's very slightly over the amount on the Child Maintenance Calculator. Then it's up to her to ask for a CMS assessment if she wants to.

 

[PoorMe]

Every one I've ever sent has had "<MY CHILD'S NAME> MAINTENANCE". I seem to remember researching THAT one back in the day .

 

[Ash]

Ah ok - well done. It just needs to say "Child Maintenance" to distinguish from any other Maintenance but that should cover you.

CMS shouldn't come into court anyway - Child Arrangements are seen as separate (technically).

 

[PoorMe]

The thrust of my question is - if she made some application for more money or whatever, would the amount of money awarded likely stack up to around what the online calculator says? Beggars the question, what's the use of that calculator if it doesn't...

I know there's means testing to it. I earn a bit under the national average (which I reckon is more like the actual national average IYSWIM), live in privately rented accommodation and have less than £200 disposable income every month after maintenance payments. She's part time and lives in housing association accommodation with benefits.

20 years ago my m8 was getting utterly fleeced by what was then the CSA to the point that he just refused to work and went on benefits until his kid was grown up (I'll never do that). I believe things are better now.

 

[Ash]

Unfortunately there isn't really any means testing. It goes on a percentage of your gross income, regardless of outgoings. If you've completed the calculator correctly it should be about the same. However if people have different income each year (eg if self employed or contract work) CMS go by the tax return for the previous year. The only reduction is if you're on a very low income (eg benefits) and then there's a kind of "standard" amount of £7 a week. The only reduction is the number of nights a week the child is with you. The problem is that there is no means testing for the receiving parent (usually the Mother) so she could be a millionaire and you'd still have to pay a percentage of your gross income. Which is not right.

 

[Ash]

All she could make an application for, is for the CMS to do an assessment of your income. But yes the calculator should be correct, give or take the odd pound - unless your income varies each year or unless you're on benefits (but I think it asks if you're in receipt of any benefits doesn't it?).

 

[PoorMe]

That's good to know, one less thing to worry about, thank you.

The worst I can get into with that then is me not giving her a cut of the (small) bonus I had at Xmas, which is my only salary variation. And I didn't give her a cut because I overpay her every month according to that calculator and the cut of the bonus wouldn't have exceeded that extra for the year.

And TBH, if the worst I get is "you owe her a hundred quid", that's fine.

Thx for help .