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Am I Entitled To Pay Less Child Support?

By: Chris Nickson - Updated: 15 Jun 2021 | comments*Discuss
 
Child Support Child Support Act

Q.I am a divorcee living in London and my ex-wife resides in France with our 7-year-old daughter. I visit every 6 weeks and pay 15% of my monthly salary (the payment is £500). They visit London 3 times each year. I also have a 2-year-old daughter with my new partner.

My ex-wife remarried last week and her husband also has a 7-year-old-daughter. Does any of this affect my child support payments?

(T.C, 2 October 2008)

A.

Your seemingly simple question actually raises a lot of very interesting points. You pay the amount mandated by the Child Support Pensions and Social Security Act 2000, which amended the Child Support Act 1991 and 1995, which said the non-resident parent should pay 15% of net income as child support.

However, if the child and custodial parent are resident outside the UK, the 2000 Act doesn’t apply, according to some sources, which could leave you free to petition for a change in the amount of maintenance paid.

Also, if you have to travel long distances and spend a great deal in order to have regular contact, you might be able to petition to have the maintenance reduced.

Perhaps surprisingly, the one factor that doesn’t seem to have any influence on the proceedings is the remarriage of your ex-wife, although you might suppose that would be the one that would affect things most.

You do have a financial responsibility to your daughter until she’s 16 or until she’s 19 if she remains in full-time education; that’s very much the law.

Something you don’t say is how you and your ex arrived at the 15% of your income figure, whether it was agreed mutually, through mediation, or imposed by the courts, or whether her move to France occurred after the divorce.

It would seem that you’d like to reduce your child support payment, and that’s understandable when you’re paying £6,000 a year. However, before you start consulting a lawyer, consider a few things.

From the number of cross-Channel visits – both ways – it would seem that you and your ex are on good terms. Might it be possible for the two of you to talk and maybe arrive at a lower figure for child support? Something arrived at amicably is much better for all parties than going through a legal process.

Additionally, if you are on good terms, taking legal action to reduce child support payments could sour those good relations. Given that you have 10 more years of child support payments and visits, the goodwill might outweigh the money.

But, before you do anything, sit down and have a talk with your lawyer who can give you the proper advice in the situation. Find out more about child support payments in our guide, here.

Check out the Separated Dads Forum... It's a great resource where you can ask for advice on topics including Child Access, Maintenance, CAFCASS, Fathers Rights, Court, Behaviour or simply to have a chat with other dads.

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Hello.I need some advice.My ex contacted the CMA in 2017 to say I wasn'tpaying her enough maintenance.I was and they confirmed it.She then did not contact them again until last year (2020).They then wrote to me saying that they had taken my salary from 2017, which was 56k (the last record they had) and have estimated that I should now be on 57.5k. I phoned them straight away and explained that I was made redundant from that job in September 2017 and then took another job on 40k.I have explained that in the 4 years since they have miscalculated my salary I have never earned the money they say I have, even to the point that at one stage I was unemployed for three months.I also made it clear that throughout this time, even when I was unemployed, I continued to pay my maintenance.Nevertheless, they have still come back to me saying that because the figure they had in 2017 is not more than 25% of the salary I earn now, I still must pay it.Surely the 25% rule should be based against an instant change not one from 4 years ago?
Mark - 15-Jun-21 @ 9:57 AM
Hello.I need some advice.My ex contacted the CMA in 2017 to say I wasn'tpaying her enough maintenance.I was and they confirmed it.She then did not contact them again until last year (2020).They then wrote to me saying that they had taken my salary from 2017, which was 56k (the last record they had) and have estimated that I should now be on 57.5k. I phoned them straight away and explained that I was made redundant from that job in September 2017 and then took another job on 40k.I have explained that in the 4 years since they have miscalculated my salary I have never earned the money they say I have, even to the point that at one stage I was unemployed for three months.I also made it clear that throughout this time, even when I was unemployed, I continued to pay my maintenance.Nevertheless, they have still come back to me saying that because the figure they had in 2017 is not more than 25% of the salary I earn now, I still must pay it.Surely the 25% rule should be based against an instant change not one from 4 years ago?
Mark - 14-Jun-21 @ 9:19 PM
Sam Just in case you (forgot )your daughter is a (adult).so there will be (no court cases no visitation or contact centres and no support paid ).I wish you well with your life in Melbourne so goodbye .
Laurie - 11-Jun-21 @ 2:24 AM
Sam you try and match me with all these guys ,(you get it wrong every time) .I am like (Timmy 100 percent and proud) .enjoy your life in Melbourne.I haven’t got time for these blogs I trolled this site to much it’s boring now .the reason I didn’t want to be with you is because your old and ugly I was always embarrassed to be with you when I was young I was like how did I end up with old thing and supporting your children thanks for leaving all those years ago .my life improved tenfold .
Laurie - 10-Jun-21 @ 10:44 PM
Sam stop trying to read into every post and then match yourself to it .in reality it’s pathetic.look in reality I never got a solicitor a (decade ago for visitation) .look you think you know me right ? .so just think about this I with rational mind . Do you really think I would take you to court or go to a visitation Centre .(like really think about it).you like to think you know me better then you know yourself I am I right??.ok so I let you come up with the answer
Laurie - 10-Jun-21 @ 8:26 PM
Hi I am a dad that's been fighting for my daughter through court since Jan 2020 I pay CMA every month but I also pay 520 a month in contact centre cost that does not include petrol and the food and toys i buy for her to play with every week. I have been told to ask for my discounted on the basis of the amount of money i pay for contact is this a thing or not. 908a month i pay not including the other costs. Also court which by the next time i go will bring me to a total of 10000 all down to false allegations made by my ex partner. Can someone help me on this please.
Zeek - 10-Jun-21 @ 3:30 PM
It is possible that next month I will secure a secondment that will mean a significant increase in my salary. It is likely to be over the 25% threshold which will mean i need to inform the child maintenance people. However, I am determined that my ex wife shouldn’t benefit any more than she already does from my hard work. She already receives a large amount each month and the children are very fortunate. If it is more than 25% can i start a private pension to ensure that gross salary doesn’t grow by more than 25%. That way i dont need to let anyone know and it will be next years payments that are affected.
Jonathan - 17-Mar-21 @ 2:34 PM
My boyfriend pays his x wife 500 pound a month for 3x kids 1 is 18 working 2 is two days at college and then has a part time job his 17 3 rd is 11 and still at school , his signed the house over to her she works and has a boyfriend living there is he paying to much ? This is how much is payed 5 years ago when he left ?
Jenner - 16-Jan-21 @ 9:16 AM
Hello - My husband is 62 and has a 10 year old.He has no income and has been living off of his savings (inheritance).His ex has been living with her partner for nearly two years and they have just purchased a £3,000,000 house (her partner is very wealthy).She refuses to work despite the fact that she is well educated and employable.My husband has been paying £200 a month but has given her much more than that over the past 6 years, including £50,000 shortly after they separated.He pays all the private school fees and has shared custody where the child spends 40% of the time with us.His ex just sold her home and will have profit from that.He feels that he should not have to pay monthly maintenance any longer given all of this information and would like to ask her to begin paying 50% of the school fees.She will most definitely object.Any advice would be greatly appreciated.
gigi - 10-Nov-20 @ 12:31 PM
@ace.if her mother is married now good for her .if she owns new house and cars and racehorses good for them .with the time frame her husband should (adopt her daughter ).because I will (Never)be getting a court order to see her They have my blessing to adopt her .
Christopher - 12-Oct-20 @ 2:18 AM
Hi I I have a quick question I have two kids 13 and 11 with an ex partner and I have 3 kids and am married now and my ex partner is married I'm the only one that works in my house and her and her husband both work she hasn't being getting maintenance off me because I have the kids 3 days a week and I split the cos of school thing with her if she ever needs me I'm there but now out of nowhere she said she wants a 100 a week do I have to pay it to her she has her own house a new car and a race horse I rent for 850 a month and live week to week
Ace - 11-Oct-20 @ 9:37 PM
I have been paying cms without any problem. I started a university course in September 2019. My income went down by over 50% because I am working only part time as a student.I provided payslips, student letter from the university, and a letter from SFC as evidence that I am no longer working full time. CMS refused to adjust my paymentsand they want me to remain on the payment plan that I have been before I started my studies. I appealled and the tribunal judge dismissed my appeal saying there was not enough evidence that I don't work full time. I am thinking of appealing again because I can not afford to pay what they want me to pay. Is there anyone who can help me please. I have been pay 12% of my earning from my part-time work. I don't know what I should do.I failed some ofthe modules due to pressure from these people.
tiri - 7-Aug-20 @ 9:46 PM
I wonder if anyone could help with my question, might be a complicated one... I have a family based arrangement with my ex-wife for the last 10 years. The children were staying with me in the UK 6 days out of 7 as she wouldn't let me have them the 7 nights. 3 years ago I transferred with my company to Canada and continued to pay the same amount each month, plus fund the kids coming out to visit for the Summer. She has just had her long-term partner move into her house in the UK, one of the kids has just left school and is due to start a BTEC course at college, the other is 14. My question is firstly, do I need to continue paying now that she's co-habiting? I will obviously fund what they need directly as I have a relationship with them not her and continue to pay for their flights and visits once able to do so again.
worried dad - 8-Apr-20 @ 3:54 PM
My wife left me in Dec 2018 after a long marriage. We have three children, aged 26, 24 and 14. The older two work full-time. My wife applied for and was granted child support for £1000 pm in Jan 2019, to be reviewed annually. I also pay £3200 to my wife, separately, as provision for her financial support and for her to pay her lawyers through the divorce. I earn money through PAYE employment plus taxable profits from my self-employed work. So far, Child Maintenance Service have just used my Self Assessment Tax Return (SATR) to calculate my 14 year old child's monthly payments. Should they deduct the £3200 per month from my SATR to arrive at my net income (pre-tax but after expenses to her) to calculate payments to my 14 year old?
Upset father - 24-Mar-20 @ 3:27 PM
Evening everyonequick question just gone bankrupt my wife and I are on benefits only income except my wife gets maintenance for her child from the ex every month just been told by official recieverthat this money can be used to pay my ipa is this allowed? ? Doesn't seem right that her money will go towards my debt manythanks
Hugh 1209 - 4-Mar-20 @ 9:19 PM
@bethleight.i new (nothing about fathers rights or child support back then gods truth ).like I said she left to be with her boyfriend and blocked me changed number and then called the police on me for messaging her .i got in (trouble )then had no contact which was a (good thing) .so I don’t no about (child support) the child grown up now .i haven’t seen her in (11 years) I don’t know about this (stuff) .i (honestly )thought back then I had (no rights) gods truth from (everyone telling me )to leave her alone and let her and her boyfriend raise the child .and told me that I am (no one) it’s up to the (mother and boyfriend now) .so I just did (nothing )plus I didn’t want to get in any more (trouble) and in reality (back then )if the mother wanted to get (rid )off you all they had to do is call the police and once you have a (order) on you .you can’t see the child anyway so it’s (bloody pointless )it’s was in my best interest to walk away and start a fresh and try and forget about the child .how I am the bad guy ?
Benny - 10-Feb-20 @ 11:44 PM
@bethleight.i new (nothing about fathers rights or child support back then gods truth ).like I said she left to be with her boyfriend and blocked me changed number and then called the police on me for messaging her .i got in (trouble )then had no contact which was a (good thing) .so I don’t no about (child support) the child grown up now .i haven’t seen her in (11 years) I don’t know about this (stuff) .i (honestly )thought back then I had (no rights) gods truth from (everyone telling me )to leave her alone and let her and her boyfriend raise the child .and told me that I am (no one) it’s up to the (mother and boyfriend now) .so I just did (nothing )plus I didn’t want to get in any more (trouble) and in reality (back then )if the mother wanted to get (rid )off you all they had to do is call the police and once you have a (order) on you .you can’t see the child anyway so it’s (bloody pointless )it’s was in my best interest to walk away and start a fresh and try and forget about the child .how I am the bad guy ?
Benny - 10-Feb-20 @ 11:34 PM
@bethleigh.no I don’t have a (wife or a child)but yeah I am unemployed (atm)I do have a 16 daughter from when I was a (young fella )I have (never had any responsibility’s off her) she left with her (mother at a very young age) and I haven’t seen her what I’am supposed to do ?.i didn’t no anything about (rights back then) i just thought that’s it she moved moved miles away to be with her boyfriend and she blocked me changed number .i said back then oh well that it .how I am in the wrong ?
Benny - 10-Feb-20 @ 7:53 PM
Child maintenance payments have stopped as dad said he's now a stay at home dad and his wife worksso he now has mo money to pay . Is that it ? He just stops his responsibilities and thats it?
Bethleigh - 10-Feb-20 @ 5:35 PM
I am a single dad. I have two young children, one is disabled, who live with me. I also have three children who live with my ex. I earn only £130 a week and am on benefits to support myself and the two children who live with me. My ex took me to court for CMA and I have to pay 40% of my income to her. This has put me into poverty and I cannot afford the oil for my heating or hot water. Are there any grounds for reducing the payments given my circumstances? Thank you Raddish
Raddish - 19-Dec-19 @ 4:43 PM
Hi, My ex-partner and I have 3 children together. When we separated. my eldest (who was 14 at the time decided to stay with me) the other 2 children moved with the mum. All three children visit my home after school every day and the two younstest were picked up thier mum at 6pm. My ex decided to go via the CMA. I asked for payments for my eldest and my ex made a total of 4 payments. which I asked the CMA to investigate on numerous occasions. My eldest is now away at university and I am still supporting him financially. I have been paying money directly into my ex-partner bank account for anything that the other two might need for the last 3 years, above what the CMA have asked that I am entitled to pay. Earlier this year, after an argument my ex went back to the CMA and claimed that I had missed payments. I was then put into a plan and had to pay them directly even after I had provided proof that I had paid more then I had meant to.Whilst I was on the plan, I still paid directly into my ex account and I believe that I have overpaid. I am now being asked to attend a meeting with the CMA. My question is what is, Can I stop paying CMA and pay directly into my ex-partner account as I know that the CMA take a cut. and also am I able to claim any money directly from my ex partners account.
TOSH1 - 24-Nov-19 @ 10:24 AM
I have 1 child who I pay csa for, I have just moved out of my parents and bought my first home with my gf, she also has a daughter, as I now have mortgage payments to contribute to and household Bill's, if I earn more money to be able to afford these do I have to a copy my csa payments will also have to increase? Thanks
Chris - 29-Oct-19 @ 2:04 PM
Hi, I have had a recent letter from the csa to say now I should be paying nearly 400 a month from the usualy 250 I’ve been paying. Its because last year, we had a big job on andI did quite abit of overtime to pay off some debts and they looked into my annual income for last years. But for the last 6 months I have been back on basic money and no overtime. My basic money is 1800 a month, around 2300 before tax and national insurance. I worked this out on the csa calculator and it’s says I should be paying around £230 a month, which seems plenty fair to me. I am on nowhere near the money I earntlast year and paying 400 would completely cripple me. I have heard that if I can show them my last 3 payslips of my 1800 a month, they can change that stupid high amount back to the £230. Does anyone no if this is right? Thanks.
Steve.s.d - 18-Aug-19 @ 5:16 PM
I have 4 kids I pay child maintenance to 3 is through csa when I phoned to say about my daughter to see if it would be cheaper they said sorry we can't take your daughter into consideration why is this.
Rabb - 8-Aug-19 @ 2:35 PM
I have had a family based arrangement since 2007 for two children. I divorced in 2008 and part of the settlement I received 33% of the equity our marital home property the ex because she had the children too 67%. Due to a last minute conversation that she could not move due to debts I forfeited another £6,000. I then paid maintenance to her and has regular access to the children and had 50/50 access. 13 years later my oldest is now 18 and I have refused to pay as by law I don't have to she is not happy with the proposed payments to the youngest now 13 1/2 years old. She has taken me to the CMS. The question is surely the equity in the house and extra £6,000 payment is taken into account when this CMS calculation is made as I have provided monies then that has benefited her and the children.
DannyG - 5-Jul-19 @ 5:24 PM
Hi, if I have 1 child and my ex and son live mortgage free in a house I paid for do I still have to pay child support?
Munter - 3-Jul-19 @ 11:00 PM
My ex wife has been living with her new partner for quite some time now with our two children.I see have and see my children every other weekend.I have been paying an agreed monthly based amount to her every month which we have agreed (not through the CSA).I am understood to believe that my ex wife has now remarried.Will this affect what I have to pay to her each month?Any advice would be much appreciated.Regards
SRL - 30-May-19 @ 3:34 PM
Hi, if I was to leave my job and travel for 6 months or a year would I still have to pay maintenance?
Raft - 19-Mar-19 @ 4:12 PM
CSA want me to pay 429 a month for my son with my ex wife. What I dont understand is my partner has 3 kids with different dads not one pays a penny how can I afford to keep these and pay that CSA should look at individual situations. I'm struggling to pay the bills.
Pete - 24-Feb-19 @ 9:51 PM
Hi my husband pays £400 a month for his two children. We recently heard that because I have 2 children and we are married, my children are classed as his independent children to. Will this reduce his child maintenance payments?
Debz - 22-Feb-19 @ 7:46 PM
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