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Wife gone to CMS . . .
#1
My ex and I have a joint bank account which was £5k overdrawn and the bank put it on "not operational" but even so, the charges and debt costs were circa £90pcm, and it was at the point where we were told that sooner or later they would close it, and demand their money- so I thought the debt is a debt and why are we paying £90pcm on the debt- it is crazy- so I paid it all off using a credit card with a 0% balance.

I had been paying her £650pcm in maintenance, for 3 children, and I had never, and would never shirk away from my responsibility, even though she restricts the amount of time the children can stay over with me, they do stay Fri and Sat night every other weekend, and more nights during the week too. So when I paid off the overdraft, I told her I would reduce the maintainence to £570 per month, and I would use her £70 and mine to pay off the credit card debt. A solution I thought was reasonable.

I then get a letter from the CMS saying she has contacted them, and they seem to have used a figure of £52360- even though £4600 of this was car allowance, and also, I have the children at least 76 nights per year, and  last years figure also included bonus payments, which this year I have not earned at all- which my payslips can evidence. So the CMS have worked out a figure of £9548.94 per year, which is £795.75 per month. An extra £225.75 per month. 

As the CMS don't (I believe) take into account benefits the mother may be on, this means that even though she is denying the children more time with me, even though I would like for them to spend more time with me.

Any and all advice appreciated, thanks in advance.
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#2
as for CMS, you have to show ( give them court order if you have one) how many nights you have the children with you. Your Ex might not have told them about children's living arrangement which means CMS (wrongly ) concluded that children live 100 % with the mother therefore the high CMS monthly you have been awarded...

yes that is right, CMS don't take into account what the mother earns. They also won't go too much into how/why mother denying more time with you. They would simply go by the numbers !( you earnings and number of nights etc)
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#3
Make sure you check their calculations, when I submitted my court order they had me in the wrong bracket, I had to request a mandatory reconsideration for them to correct it.
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#4
I found more you work your arse off to get a better life for you and the kids, more you get penilised. There not even bother about benefits there on either. You may be able to claim travel costs, but definitely check your days you have them as I bet add up to more than 75 I think I made the 2nd bracket as I'm every other weekend and school holidays
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#5
They will take into account any earned income. So next year the monthly amount will go down if there is no bonus. I think the difficulty here may be that if you don’t have a court order you can’t prove how many nights a year you have the children and she would probably say less than it is to get more money.

The number of nights goes in “bands” so betwee 2 to 3 nights a week is one band. 1 night or more a week is the band down.

If you think the calculation is wrong you could contact them and tell them how many nights a week it averages at over a year. Paying off the debt is bad luck but won’t be considered under child maintenance which is based on income. However it may be part of assets/debts as part of final divorce finances.
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