Lifestyle Inconsistent With Income Award: How is it Decided?

My wife and I separated last year following the latest of her infidelities. Since she moved out ten months ago she has denied every request for me to see our children 6, 10. I commenced court proceedings but had to abandon them due to the excessive legal fees. I earn too much for legal aid, but now Im responsible for all the house expenses and debts, I have very little in the way of disposable income. An assessment by CMS for the full amount of child support seems harsh, given that I am more than willing to have my children, but am being prevented from doing so. This amounts to little more than a Child Tax. Do I have any course of action in appealing the CMS amount, given that my lack of overnight stays with the children is not due to my not wanting them, but from them being withheld from me ? Also, do CMS not take into account the ability to pay, when making an assement ?

Hi. I, as the father, have full residency of my daughter. My ex has 3 other children by different men that live with her. This has been taken into account and therefore what she would have been paying for our daughter has been reduced to £35 per month. Considering she has a job on top of have many benefits from the government, she also sells things privately to earn extra money. She hasn't seen her daughter since March 1st and that was only for 1 hour. Before that it was the first weekend of January. We are now into June nearly July and she barely makes contact with our daughter. CSA have made it clear that until lockdown is over we cannot make her pay money. To us, this is crazy. She is not only breaking lockdown rules by going out partying, getting a huge new tattoo, getting her nails done and even paying someone to take 'modelling' photos of her, she also smokes and travels over an hour to see her family and friends multiple times a week. She makes excuses saying she cant afford to come see our daughter as she has no fuel or extra cash during lockdown. We are closer to her than any of her family and friends. CSA also explained that when lockdown is over, the missed payments will be split over a course of months. So she may only pay an extra £5 a month to compensate the missed payments. CSA never treated me like this when the shoe was on the other foot. I was a day late paying my child maintenance one month and you guys took two months worth in one go and left me stuck, even though i called to make the payment the following day. That was £250x2. You guys messed up and when i asked for the money to refunded so i could afford to get to work, you wouldn't. SO WHY is it so different for her??? Im supporting our child with my wife without any of her help and somehow she is allowed to? Can you explain why she doesn't get the full amount taken from her? or why her payments arent going up now she hasn't seen her daughter for several months?? Equality is not shown with CSA.

Good afternoon ,I need to get information on how to make proceed in child support .Will you be able to help me please.My ex has been very awkward with child support and payments . Thank you.

Hi, After a long battle in court I have managed to obtain shared custody (55/45). It seems my ex wife wanted this to keep receiving the maintenance. I always was paying the maintenance amount on time even though she refused to give me cloth for the kids and had to go on emergency buying them cloth on a Friday evening. After the shared custody agreement she started to ask me to pay half of the child care on top of the maintenance payments. I refused and questioned why am I paying maintenance if I should pay all the other expenses as well, knowing that she earns £10k more than me and get all the government benefits. I called the CMS and every agent I spoken to has advised that the child care should be covered in the maintenance payments even for the days I have to children and that the amount is calculated based on what the governments believe I can financially contribute to the upbringing of my children according to the legislation. yet my Ex wife still refuses and my children are going to lose access to the after school club on my days as she only pays for her days. Can you please help with this and guide me to where I can find the legislation information, as this is putting at risk my job? I feel I am being asked to chose between my job or my children! Thanks

Hi, After a long battle in court I have managed to obtain shared custody (55/45). It seems my ex wife wanted this to keep receiving the maintenance. I always was paying the maintenance amount on time even though she refused to give me cloth for the kids and had to go on emergency buying them cloth on a Friday evening. After the shared custody agreement she started to ask me to pay half of the child care on top of the maintenance payments. I refused and questioned why am I paying maintenance if I should pay all the other expenses as well, knowing that she earns £10k more than me and get all the government benefits. I called the CMS and every agent I spoken to has advised that the child care should be covered in the maintenance payments even for the days I have to children and that the amount is calculated based on what the governments believe I can financially contribute to the upbringing of my children according to the legislation. yet my Ex wife still refuses and my children are going to lose access to the after school club on my days as she only pays for her days. Can you please help with this and guide me to where I can find the legislation information, as this is putting at risk my job? I feel I am being asked to chose between my job or my children! Thanks

Hi, After a long battle in court I have managed to obtain shared custody (55/45). It seems my ex wife wanted this to keep receiving the maintenance. I always was paying the maintenance amount on time even though she refused to give me cloth for the kids and had to go on emergency buying them cloth on a Friday evening. After the shared custody agreement she started to ask me to pay half of the child care on top of the maintenance payments. I refused and questioned why am I paying maintenance if I should pay all the other expenses as well, knowing that she earns £10k more than me and get all the government benefits. I called the CMS and every agent I spoken to has advised that the child care should be covered in the maintenance payments even for the days I have to children and that the amount is calculated based on what the governments believe I can financially contribute to the upbringing of my children according to the legislation. yet my Ex wife still refuses and my children are going to lose access to the after school club on my days as she only pays for her days. Can you please help with this and guide me to where I can find the legislation information, as this is putting at risk my job? I feel I am being asked to chose between my job or my children! Thanks

Hi, After a long battle in court I have managed to obtain shared custody (55/45). It seems my ex wife wanted this to keep receiving the maintenance. I always was paying the maintenance amount on time even though she refused to give me cloth for the kids and had to go on emergency buying them cloth on a Friday evening. After the shared custody agreement she started to ask me to pay half of the child care on top of the maintenance payments. I refused and questioned why am I paying maintenance if I should pay all the other expenses as well, knowing that she earns £10k more than me and get all the government benefits. I called the CMS and every agent I spoken to has advised that the child care should be covered in the maintenance payments even for the days I have to children and that the amount is calculated based on what the governments believe I can financially contribute to the upbringing of my children according to the legislation. yet my Ex wife still refuses and my children are going to lose access to the after school club on my days as she only pays for her days. Can you please help with this and guide me to where I can find the legislation information, as this is putting at risk my job? I feel I am being asked to chose between my job or my children! Thanks

My X claims for 3 kids knowing 1 is deffo not mine and that child also knows I'm not her father but when I suggested DNA she used blackmail I now have reason to believe the eldest is not mine bus CMS said I can't have DNA through them and if I go private she can refuse it . I'm not on any birth certs and explained all this to CMS but the were insulting and patronising , can I stop paying untill they prove I am ??

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If you feel you are paying too much, the child maintenance calculator here gives a benchmark payment of what you would pay if you applied through CMS. This may be less than your family-based agreement, so you can go on the calculator's advice. This means you would legally be justified to pay your ex less.

I am a divorced man who pays an agreed upon sum for Child support to my ex. wife who has custody of our 9 yewr old son.This sum is generous and it ensures my son who lives with his mother alone with a full time maid in a luxury apartment can afford to do this . They have been living this way for 4 years and everything has been fine . Suddenly, my Ex wife has decided to move into an apartment with her parents in order to "save money". Our son, now has to live with his old grandparents . Though he will have his own room. My ex. wife is still demanding the SAME child support payments so she can pocket the money that is supposed to be used for our son. I have even told her that I would have been willing to pay any increases in expenses eg. should rent have gone up. but she simply ignores my e mails and continues to demand the same child support payments . What can I do about this ? Thank you for your help.

My friend had an agreemen5 to pay his x a set sum each month. This agreement was in response to the transitioning of the CSA (excuse my terminology: I’m American). He has been paying support, never has not paid support; never has been late, shares expenses and shared parental responsibility. My friend has his son a minimum 2 nights per week and holidays per a schedule that has been in effect since the child was 3, he is now 15. My friend picks up and delivers his son, he tries to avoid any and all contact with the woman be for personal reasons, she I said vicious and vengeful. She routinely obstructs access, patientsl alienation, obsessive control, my friend and his son, just try to lay low, convincing themselves it’s only another year until her control over them is over.My friend lives Paycheck To paycheck.SHe recently went to the CSA and opened a case against him.My friend I sent distraught. HE CANnot afford the extra money, and fears he can no longer afford the gas to get his son during the week. He I said in hardship. He has a job, in debt, is barely making it by as it is. What can he do.He tried to discuss it with her, she yelled at him, slammed the door in his face, and threatened to have his son arrested for assault, his son stopped the door from slamming in his face.She’s a bullly.What can he do if he seriously can’t afford the assessment. Are they allowed to put you in the poorhouse?His family is helping him keep his head afloat as it is.He is not living outside his means.

Hi - I need some advice. The following is a VERY abbreviated version of events to keep it simple. I am awaiting a date for tribunal based on the CMS not having jurisdiction over my ex husbands earnings due to them being earned outwith the UK. He is however, habitually resident in the UK. He is self employed and gets paid by a French company into his American bank account. His business is also registered in the USA. (He declared the same business insolvent in the UK one month prior to setting it up again in the states).I know for a fact what he earns- between £10-12k per MONTH but the CMS cant touch it. The judge at the tribunal has requested him to provide evidence of all sources of income to the courts - earned in the UK AND abroad. My question is : Can the tribunal have the jurisdiction over his income earned outwith the UK? Yes, he lives a lifestyle inconsistent with his 'supposed' income. He has a mansion, a posh car etc. Owns about 5 properties in the UK etc. (not mortgage free) He is basically laughing at me saying that the tribunal cant make him pay more maintenance due to the jurisdiction issue and that his accountants are 'working on it' to make him look as poor as possible due to his vast amount of outgoings. Have you had experience of this issue before and how likely is the tribunal to decide in my favour?(even with the jurisdiction issue). I was always told that his outgoings were irrelevant and that his obligation to his children is classed as the primary 'debt' to be paid first. Seems like it would be a waste of time and money to request evidence of his foreign income if they could not do anything about it. Any advice greatly appreciated.

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You would have to seek legal advice to see whether you have a case to answer. A court would look into your ex's circumstances more in depth to see whether his lifestyle was measurable with his earnings. However, if his current partner is earning, then it may be her who is financing his lifestyle. Therefore, it is important to be sure whether you have a strong case, as along with legal fees you could be awarded the costs if you take the matter to court and you lose.

My sons dad has managed to hide hundred thousands of pounds and my daughter is 8 now he has not ever paid through Csa and went over to child maintenance in 2015 and he still ain't paid any of the amounts he owes he has lied a lot seems he is driving sports cars and has a house full of expensive things he again has a income not matching his lifestyle I have struggled financially the whole of her life as all my money goes on my daughter can I take this any further?? He has out standing payments of a poxy £125for the whole 5 years it's been calculated to £5 a week really poor when he has everything has no contact to his new jealous gf and they also have a daughter now 3 years younger than my daughter and she gets everything it's sooo cruel I'm glad my daughter is unaware of it all but one day I will have to explain the truth can I do anything?? Thanks Gemma

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You can only be paid the amount owed in back-dated pay.

My ex husband, MD of his own company has been declaring a false income to the CSA for a least 5 years. The CMS has just reviewed my case and obtained info direct from HMRC. The amount he has to pay has now doubled. He sees two of our three children (his choice entirely) for two hours every two weeks and offers no other support, financial or otherwise, other than the amount directed officially. My question is, he has underpaid by thousands over the years by lying about income. Am I able to claim compensation for this to recover what should have rightly been paid in the first place?

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While on paper this may seem like a good idea, but it all really comes down to what your wife's opinion is and the level she wishes to accept or reject suggestions. If she agrees, then you can either carry out this arrangement formally (drawn up through mediation or a solicitor), or informally between yourselves. However, if your ex does not agree and you wish to pursue your points, then dependent upon the level of disagreement, it can end up in court (and the court will always decide on what it thinks is in the best interests of your children). Please also be aware that any arrangements made outside court for maintenance etc, is not set in stone and can be reneged upon. Meaning they are very much circumstantial and based upon the smooth running of 'life'. As we know, life is not always smooth running and situations can change. On the plus-side, the easier you can come to an amicable agreement with your wife, the better, as it means both parents are equally as supportive and can work together in the best interests of the children. I realise I haven't quite answered your question, but as there are so many variables, if you can negotiate directly with your wife, those variables can be made more secure through diplomatic means. But it seems your wife has her own separate ideas upon what she wants out to the divorce.

Hi, I am self employed director of a small financial services firm with very flexible working arrangements with clients. It is full time 5 day week job but flexible. My wife, who has asked and proceeded with a divorce on UB grounds is part time 2.5 days per week but with European travel. We are in mediation (decree nisi not pronouncd) and she is claiming excessive maintenance and share of assets as well as being resident parent with me having weekend access only.My children are my life with one in FT education and the other just about to start. Due to my flexible working arrangement and high income I am in a position to a) offer her cash for share of the home b) apply to be resident parent as school is a few minutes from our home and has excellent facilities c) require no maintenance from ex and flip side no requirement to pay out excessive maintenance to her d) provide my children with a good upbringing with minimal disruption e) provides ex with opportunity to increase hours at workAny thoughts or suggestions on how this arrangement stand up?Thanks, Mr C

Ive always paid my wife the CSA money but she appealed saying my lifestyle is inconsistent with my income. At the time I lived off my savings as my business was not doing well and still isn't. She is claiming arrears back to 2011. I have appealed and the case is now being looked at my a tribunal who are attempting to make an award to my wife based on assets I own due to my income being so low. I have discovered there are three versions of CSA law and the tribunal are using the version from 2011 as under the current CSA law they are not allowed to look at assets. Surely the current law for now should apply as the arrears will be up to the present day??

I need some advice, we have recieved the details about the new CSA payments, we want to know if the child support still has to be paid if we have shared care of the children. i.e. we have the children one week and then ex has then a week and so on. Also is child support law actually upheld by law or not? Thanks in advance

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If you have been registered as the father, then you will obliged to pay to help support your child financially. You can see what you should be paying via the CMS link here.

My ex girl friend told me she is pregnant 7 months after we broke up. It was decided that child will be put up for adaption as best options. which was agreed . However after she had the baby, she decided to keep the child without informing me. As such, baby was registered as me as the dad. It was agreed that I would pay average costas per my wages . However they also said they don't want any payments . It was also agreed that I will see her on regular time. Now she is asking for Child supportand gone to CSA. Please advise what I have to pay.

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If you feel you have been treated unfairly, or you view the decision as wrong, then all I can suggest is that you complain. Please see link: here and the Complaints Resolution Team will try to officially sort this out.

Hi, I divorced my husband in 2011 (the divorce was caused by him having an affair). He has been paying CSA every month towards our son who is under 10 years of age. I recently received notification from the CSA stating that his CSA payments will reduce by around £150 per month (which is a huge hit on me financially)because he has moved in with his new wife who has two existing teenage children. His new wife is already working and also gets maintenance payments form her ex (the father of her two teenage children), so why does my CSA payments from my ex have to be reduced? I am bringing up our son alone based on one (my) wage. I cannot see why my son has to receive reduced CSA payments from his natural father just because he is now living with two other children who are not his and are already being supported by their own natural parents. In summary, it seems that the two teenage children are being financially supported by three working adults now but my son is only being supported by one working adult i.e. me. Am I able to challenge the CSA's recent reduction in these payments?Does the CSA maintenance calculation take into account CSA payments already being paid into the household by the two teenage children's own father? I hope all this makes sense? I would really appreciate any advice you can give me. I am absolutely desperate and really struggling financially. I am really worried about this and very anxious.

Hi, I opened a case with Child Maintenance Services last October.My ex husband declared he was self employed, so they went to HMRC where they got his 2013/14 tax return, which was a Self Assessment.As far as I'm aware he had only become Self Employed in the February of 2013 and previously had been employed by his Father's golf course, as a director.That tax return somehow only showed earnings so low that my daughter was awarded £7 per week.They wrote to him on my request some weeks later and asked him to confirm if this figure was still correct, legally he didn't have to respond and they state he didn't.Then when they reviewed in September of this year, they went back to HMRC (more than one call handler has indicated to me that this time it wasn't a SA, which leads them to believe he is now employed. Although, he does still have his own business which he advertises all around, including on his van.) Anyway, this time it showed he was earning in excess of £400 per week!! So the award for this year has gone up to around £40 per week. I now believe by their own rules, that this means he intentionally lied last year and failed to inform them of a change of 25% in his incomings.They say there is nothing they can do because he is self employed and only if I can supply evidence such as his profit & loss sheet can they take any action, because apparently is HMRC tax return is not evidence enough!?!?! (The mind boggles).Surely, this is enough evidence in law and would be against some EU law that there procedures just deem it not? Also, even though they suspect he his somehow employed now (Which would mean they could take action against him), they are not interested in investigating this anomaly (I suppose it could just be an admin error on HMRC behalf that they haven't labelled it correctly???). I hope this makes sense and you can offer me some advice. Many thanks

My other have runs a pub, has a bran new car, is a member of the local flying club and posts on Facebook about hows he's going through trsining to fly again. He takes time off work to spend weekends with yhe scouts (so hisbusiness them pays for extra staff). He jyst got a girlfriend and regularly takes her out for meals with her joung son. But claims he only earns £67 per week so only pays £7 a week for his two children. Over a year back he refused to pay any maintenance and so owes via CMS £1400. I know his lifestyle shows he's having a ball but £7 a week for two children doesn't even pay for their school lunches and too top it all off next year the government are cutting working families tax credits for everyone. I don't kniw wehich way to turn as i oftern have to say no the children when they ask for treats when we are food shopping. I am the childrens main career and a single mother struggling.What should I do?

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Firstly, child support is only based upon earnings not debts paid etc. If he has a family-based arrangement, he should ask his ex directly whether she can supply evidence of this. If she has nothing to hide, she should consent. If your husband pays through the CSA/CMS, then you should approach either directly and ask what it advises. You can see what he should be paying via the link here. I hope this helps.

my husbands ex wife is still claiming maintenance for the 20yr old daughter. stating that te daughter is still in part time education and working part time, but we have no prove of this is there any way we can check. also my husband paid off £13,000 pounds of debt after she kicked him why hasn't this been taken into consideration. my husband is the only one working as I'm unable to work due to long term illness, she has remarried has two incomes coming in please help as we are only just managing to cope.

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You will have no claim on the proceeds of his house that he shared with his second wife, only on his income/earnings. The CSA can take a long time to process claims and to calculate how much money a non-resident parent should pay, and this could mean that your ex-husband suddenly receives a large bill. However, once the CSA are involved in a child support case, they almost never write off the arrears. Your husband could go bankrupt and would still owe his child support arrears. You may be able to take civil legal action against your ex husband to try to recover the missed payments through the courts. However, it is always tricky as if the CSA cannot extract the money because he is hiding his earnings, then it may also be able for the courts to prove. I can only suggest you seek legal advice, to see whether it would be beneficial. Citizens Advice should be able to help/advise.

Hi, My ex husband never paid for all of our 4 children, instead I only managed to get maintaince paid for 2 of the children due to him being "self employed" and hiding his money in his then new wifes name.He still owes money for arrears going back over 5 years but again he is refusing to pay the last that he owes.Today i recieved a call from the CSA stating that as he is non compliant and not polite when they do manage to contact him the case will now be put on watch due to the fact he is not showing up as earning etc. Its only £214 not alot but now its the principle.... so anyone know if i can take him to the small claims court to retrieve whats owed??? Whats annoying is he recieved near on 30K from the sale of a house he shared with his 2nd wife only last year....