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History: Home UK Divorce Forum
Topic:
CMS (3 Posts)
Started By:
Date:
07 January, 2018 08:31PM
CMS
Simars - 07 January, 2018 08:31PM
We are married couple for 9 years and have a 7 yr old son, awaiting final hearing dates to come (likely July'18). Child lives in Matrimonial home with me (mother). Father moved out of the matrimonial home (Sole owner) 6 months back and currently renting. He pays for the mortgage, service charge, ground rent, food for child at school, dance classes and around 250 pm for child nanny expenses. I look after all other expenses including child, personal, car loan, bank loan, maintenance, all utility bills and council tax.

He earns 3.5 times more than my salary and my salary is just 22K. I am asking him to support me more financially but he is threatening to cancel everything except half mortgage payment and pay me just 620 per month as fixed child maintenance. CMS is currently not in place, I wanted to ask him directly but obviously no luck.

Please can anyone assist me with the following:
a) Shall I go ahead and file CMS anyway?
b) He solely owns the home but can he stop paying for mortgage, service charge and ground rent?
c) If CMS asks him to pay 620 pm, can he really cancel child's food at school and dance/ singing classes for child etc?

I would appreciate any responses from members here. Many thanks.
S
Re: CMS
HatMan - 08 January, 2018 08:23AM
I suspect that you annoyed him by asking for more when he was effectively paying all your living costs - I haven't calculated what the CMS payment would be in this case but you can do that very easily if you know his take home pay, and yes at that point he would not be obliged to pay anything beyond that for your benefit...of course the divorce will take into account the required split of finances separately and as you have the responsibility for resident child you are likely to get a larger share of the financial pot.

If he stops paying the mortgage now as it is entirely in his name the actions taken by the lender can only be against him of course, but I can't imagine that any sane person would risk blighting their credit record at this point.

You need to look at the financial position in total rather than just focusing on the maintenance element.
Re: CMS
davidterry - 08 January, 2018 10:30AM
>>If CMS asks him to pay 620 pm, can he really cancel child's food at school and dance/ singing classes for child etc?

Just as a matter of interest, if he pays £620 pm in child maintenance why do you think he should also pay for the child's food at school? Isn't that sort of thing precisely what maintenance is for?
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