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maintenance
#1
Hi All

Im new to this so a bit about me....

I have an 8 year old daughter who comes to stay with me and my fiance (who has 2 children from a previous relationship and live with us, they have the same weekends with us as my daughter and go to their dads 1 night a week) friday to monday every other weekend and 1 night during the week, i also have her more than half the holidays (she is privatly educated so longer holidays than state schools).

I was never married to her mother but i gave her a lump sum when we seperated (250k). i give her 1000 per month and pay half her school fees as well as house cloth and feed her when she is with us. she comes on all family holidays etc and has her own room at our house.

She gets on really well with my fiance and her daughters and loves coming to stay.

I earn 70k ish per year from my limited company and 2 houses that i rent out.

cms calculator says for the time i have her Im basically giving the mum triple what they say i should ( school fees are up to me, which i am more than happy to pay the 1/2 i do).

recently she has decided that she doesn't want to pay her 1/2 of my daughters school fees and wants more maintenance.

I pay directly into her account and have done from the day we seperated.

She is now saying she has taken legal advice and wants to know what my fiancee earns as she is entitled to some of her money too!!! Is this correct as everything online says she isnt entitled to any of my fiances earning unless i say i cant pay towards my daughter.

She is threatening cms that they will monitor everything we do as a family and that she is entitled to so much more !!! i just cant see it
any light that can be given would be much appreicated
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#2
She's not entitled to any of your fiancee's money. That's pretty laughable that she might suggest such a thing.

You've given her an absolute load so far, and she wants more?! Blimey....

What was the motivation for giving her so much initally? That would have probably been CMS payments for the next 20 years+!
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#3
Yeah just my opinion too but what is she on about, she wants your partner to pay for your kids too and you what a joke mate. CMS won't take her partners income into account, my ex doesn't work she on more a year than a CMS advisor.
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#4
i was not of sound mind as was on a lot of medication and she was stopping me seeing my daughter.

i thought as much...... its all greed unfortunatley
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#5
(01-30-2017, 03:24 PM)Chris1 Wrote: Hi All

Im new to this so a bit about me....

I have an 8 year old daughter who comes to stay with me and my fiance (who has 2 children from a previous relationship and live with us, they have the same weekends with us as my daughter and go to their dads 1 night a week) friday to monday every other weekend and 1 night during the week, i also have her more than half the holidays (she is privatly educated so longer holidays than state schools).

I was never married to her mother but i gave her a lump sum when we seperated (250k). i give her 1000 per month and pay half her school fees as well as house cloth and feed her when she is with us. she comes on all family holidays etc and has her own room at our house.

She gets on really well with my fiance and her daughters and loves coming to stay.

I earn 70k ish per year from my limited company and 2 houses that i rent out.

cms calculator says for the time i have her Im basically giving the mum triple what they say i should ( school fees are up to me, which i am more than happy to pay the 1/2 i do).

recently she has decided that she doesn't want to pay her 1/2 of my daughters school fees and wants more maintenance.

I pay directly into her account and have done from the day we seperated.

She is now saying she has taken legal advice and wants to know what my fiancee earns as she is entitled to some of her money too!!! Is this correct as everything online says she isnt entitled to any of my fiances earning unless i say i cant pay towards my daughter.

She is threatening cms that they will monitor everything we do as a family and that she is entitled to so much more !!! i just cant see it
any light that can be given would be much appreicated

How is the school fees up to you? Normally this would be down to the Resident Parent, unless an agreement or Court Order exists. Who signed the contract with the school? Unless its in both names, its that person who they would come after if any shortfall in payment.

Normally it would be your Taxable Income on your P60 from the last tax year if you had any employed income, and your self assessment Gross Profit for the last tax year, what they would base payments on, unless there is a change either way by 25%, what is reportable in under 30 days, and take effect from that day.

Benefits in Kind or Pension Contributions can change things also, if she applied to have a higher considered income due to them.

Where it gets messy, is if there is Retained Profit in the Limited Company, as again on application any share of it belonging to you might be considered.

I am not aware of any other issues you might face, if she did put CMS in and they went digging.


It is only your income they can look at, and to be clear on this, its P60 or Self Assessment Gross Profit (except above things). Any Benefits you might get as a couple or any income your partner gets, has no bearing on the case. Only the natural parents have to pay Child Support.

If your current partner has any dependent Children she gets Child Benefit for it would change things, to your advantage, as part of a couple there would be an allowance for the fact if your supporting a child.

Double check your position on this link, http://www.gov.uk/calculate-your-child-maintenance and if she still insists on putting CM'S in, let her do it and do not pay her a penny more than what they say. Pay the school direct if your willing to.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#6
If you are paying her share of the school fees please tell CMS this as they may take this into account especially when you tell them she is refusing to pay her share. CMS do take into account any joint debts that you pay.

It is not fair on your new partner that you have to shoulder this burden of all the fees Possibly consider ending the private education. Plenty of good schools outside of private ones.

Pay what the CMS says and not a penny more. You've been far too generous.
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#7
(01-30-2017, 09:06 PM)Hazy Wrote: If you are paying her share of the school fees please tell CMS this as they may take this into account especially when you tell them she is refusing to pay her share. CMS do take into account any joint debts that you pay.

It is not fair on your new partner that you have to shoulder this burden of all the fees Possibly consider ending the private education. Plenty of good schools outside of private ones.

Pay what the CMS says and not a penny more. You've been far too generous.

CMS have no Juristriction over school fees. Where there is disagreement on them, its dealt with by Court under Civel Contact Law is some cases.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#8
basically i take all money out of the limited company so what i earn is what the company earns. my fiancee works with me at the company so she gets paid a wage ... will this effect it?

we had an agreement that we would pay half the school fees each and we have been doing this for 3 years. the agreement was signed by both of us but at some point was amended after signing and i was not aware of this, ive taken this to my solicitor and he has told us it will not stand up in court as has been amended .

ive continued to pay my half of the school fees since september and am in contact with the school burser . her half is building up and at some point will need paying !!!
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#9
(01-31-2017, 09:35 AM)Chris1 Wrote: basically i take all money out of the limited company so what i earn is what the company earns. my fiancee works with me at the company so she gets paid a wage ... will this effect it?

we had an agreement that we would pay half the school fees each and we have been doing this for 3 years. the agreement was signed by both of us but at some point was amended after signing and i was not aware of this, ive taken this to my solicitor and he has told us it will not stand up in court as has been amended .

ive continued to pay my half of the school fees since september and am in contact with the school burser . her half is building up and at some point will need paying !!!

As longs as you can show she is working in your business (so your not just putting cash into her name on paper) it does not come into it.

In a CMS situation, they can only access your Tax Records (not your partners), and they can ask for your business accounts, to confirm no retained profit in it.

As your Solicitor if what you have could be considered as a contract in civil law, of her agreeing to pay half.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#10
Ok that's interesting, we invoice the company for my fiancee's wages and monies go into her personal account to cover her direct debits and bits and bobs for our family like trips and activities on weekends for all our children.
Most emails are dealt with by her also so signed off on her name, she also does all sales invoices so her signature is on them so plenty of evidence to prove she actually does work for the company, and apart from that she is in the office more than i am!!!

I will speak to solicitor about that....thank you.

The only other thing the ex keeps going on about is the child act and she is maintaining i have to house my daughter untill 20 years of age??? the situation is i own 2 houses that are rented out and we live in rented accomodation. the profit compared to the mortgages it would be stupid not to do it this way, i pay tax on the profit obviously and this goes down on my personal tax return. so the question is ... do i need to provide accomodation for my daughter when not with me even though she had the lump sum which could have been used for that and she gets over double what cms calculater say we need to pay her?

thanks in advance
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