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Ex lost job, what happens to child support?

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Ann0727
Posted by
New Member

13 Jan 16 #472228 by Ann0727

Topic started by Ann0727

My ex and I divorced approximately 18 months ago. Since then he has been paying child support in line with a Consent Order. We did not use the CSA,although we used their calculator to base the figures on. The calculation we used allowed for up to 51 overnighters. This was to be reviewed annually, when the support would be agreed for the following 12 months. This happened in July, we kept the support the same and based figures on lower than 51 days annually.
At the end of November he lost his job. He was paid in full in November, did not work December, but got a new job in January. He did not make child support payments in November and December. The new job''s basic is less, although with commission and bonus he is likely to earn more annually.
He moved away from the local area about six months ago. He has now declared he will have the boys for two nights over the weekend he has them, the consent order is for one night every other weekend.He is now insisting that we reduce child support immediately on the premise his basic is less and he''s having the kids more. Reducing his child support because of his lower income is not a bone of contention as we have agreed he will top up payments once what he earns through commission is known. It''s his insistence that he can reduce payment even more due them spending more time with him that is causing arguments.

Can he impose a reduction due to him having the kids more? It''s 6 months since the last review and even with the extra nights he is unlikely to reach 52 days by the next review. He argues a change of circumstance means I cannot dispute the reduction, which amounts to over £200 in total, approx £70 of that is because he wants them more.This is a significant sum for me, the kids are still young and I can only work part-time. Spousal support was dealt with via a lump sum payment.

Also, does he owe arrears for the two months he didn''t pay? He was only out of work for one month. He lives with his new wife, who works & gets child support for her kids. He also has income from a sports club. He takes the view he didn''t have the money so he doesn''t have to pay, I think he should make it up by topping up his child support for a few months.

WYSPECIAL
Moderator

14 Jan 16 #472236 by WYSPECIAL

Reply from WYSPECIAL

Unless the consent order allows for reviews then he will need to either apply to court to get it changed or apply to CMS to get an assessment.

Work out what you would get via CMS is it similar, or less than he is proposing?

You seem to have a good relationship so why not explain how this reduction is going to affect you and ask if the overnight figures can be reviewed at the same time as you review the bonus figures?

Child Maintenance Options
Moderator

14 Jan 16 #472251 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Ann0727

With you having a Consent Order in place you may wish to seek legal advice as to where you stand regarding your concerns. Alternatively, you may want to see what is stipulated within your agreement.

Any Consent Orders that were endorsed after March 2003 are not legally subject to change unless they have been in place for at least 12 months. After 12 months, either parent can apply to the child maintenance Service and the Consent Order will no longer be valid. However, if a Consent Order dates back to before April 2003, then law does not allow parents to change over to the Child Maintenance Service. Only the courts can arrange child maintenance in such circumstances.

The Child Maintenance Service works out child maintenance using the paying parent''s gross income, which is income before Income Tax and National Insurance are taken off, but after occupational or personal pension scheme contributions are taken away. In most cases this gross income figure comes from information given to HM Revenue & Customs (HMRC) by the paying parent, their employer or a third-party such as an accountant.

If your ex-partner has your children more overnight, this may reduce the amount of maintenance that is to be paid. I have included a link on how the Child Maintenance Service works and how they calculate child maintenance that you may find useful, www.gov.uk/how-child-maintenance-is-work...ut-child-maintenance

For more information on the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website at www.cmoptions.org

The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.wikivorce.com/divorce/Sorting-Out-Separation.html

Regards

William

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Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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