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Initiating Maintenance Payment
#1
Hi, a bit of advice please.

I've agreed to leave the family home until son is 18, on the 30th June, so need to think about maintenance payments for our 5 year old boy.

Is it better for me to get things ready with CMS or leave it to ex and wait for them to contact me?

I'm aware of the online calculator to get an idea of amount.

Thanks Andy
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#2
Don’t involve the CMS, just use the calculator to determine what you owe her.
Also agree up front ( in writing) how the cost of childcare, school trips , sport’s activities etc will be shared.
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#3
(05-13-2019, 05:38 AM)andynumpty Wrote: Hi, a bit of advice please.

I've agreed to leave the family home until son is 18, on the 30th June, so need to think about maintenance payments for our 5 year old boy.

Is it better for me to get things ready with CMS or leave it to ex and wait for them to contact me?

I'm aware of the online calculator to get an idea of amount.

Thanks Andy

I would use CMS, as it protects you. Any agreement you make could be considered in law to be a contract, what she could take you to the small claims court for, if for example you lost your job. However, in a CMS situation, first of all its a "Fully Inclusive" amount, and if your income changes, you payments do. Either parent can open a CMS case. Regarding the older young person, you only pay child support for him/her, if Child Benefit is still being paid. It ends at 16 unless on Education Run On.
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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#4
Sorry MarkR, think my message was not written well.

I've agreed to leave family home on the 30th June until our 5 year old reaches 18.

This is by Consent Order.

Not married.

I think ex is being a bit silly here personally as when son reaches 18, I'm back in the house, selling it and she has to find somewhere else to live.

If I was her I would have agreed to a financial split now so she could have bought a house for herself without any disruption later on. But she knows best!
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#5
What’s the query then?
You’ve still got to pay child support irrespective of going through the CMS or not.
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#6
MarkR what about the 12 month rule?

After 12 months either party is free to opt out of the child maintenance obligations by applying to the CMS.

This automatically voids the clause in the consent order.

Barristers can try to bypass the 12 month rules via a separate contractual agreement or via a Christmas order but from what I have read they are not always successful. Especially Christmas orders don’t stand as they are seen to attempt to bypass statute.

Im interest to hear your view MarkR as I am currently about to agree to child maintenance in a consent order with my ex.
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#7
Hi, my query really was is it up to me to initiate maintenance payments or wait for ex to do it?
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#8
(05-16-2019, 09:34 PM)andynumpty Wrote: Hi, my query really was is it up to me to initiate maintenance payments or wait for ex to do it?

Where either parent can open a CMS case, in law its up to her to open it if she wants to enforce Child Support payments.

No enforcable Child Support is due until a CMS Calculation is done, and once it it, you have 14 days to pay the first month, or to pay 1 week and request a weekly payment plan.

She only gets the right to put it on collect and pay, once you have failed to pay after a CMS calculation.
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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