Ask a Family Law Question, Get an Answer ASAP!
Welcome to Just Answer.
I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.
I apologise for any unavoidable delay, but rest assured I have not forgotten your question.
to clarify -
the original amount was agreed between youreself and your ex?
and now she is asking for an increase?
have you looked at the CSM calculator?
She will not get back payments from the Child Maintenance service beyond when she makes the application.
Even if it’s done through the courts and solicitors, they would only go back 12 months.
If they want the P60, then you are obliged to pass it over otherwise they will ask the court order you hand it over and they will ask the court to award costs against you.
Child maintenance is a percentage of income and that’s why, when your salary increased, this should have been renegotiated.
What you might want to do is study the CMS Rates which are here
Do read the whole document but the basic rates start at the top of page 18.
Child maintenance is reduced by 1/7th for each 52 nights that the non-resident parent has the children.
So that you know exactly how much you should be paying if it was to go through the CMS and that the solicitor is not trying to shaft you.
CMS can charge an admin fee so I would avoid them if possible. I would agree to pay the CMS rate to the solicitor because then, there is nothing for the solicitors pursue. Unless there is anything else to go to court for, the court will very often refer child maintenance payments in isolation back to the CMS. avoid the CMS like the plague.
Bankrupting you does not get rid of child maintenance arrears but what it would do is make you very undesirable financially everything in the future so bankrupting you would, to a great extent, shoot them in the foot with regard to future payments.
In any event, it’s going to cost them the best part of a grand just in court costs to bankrupt you (including the necessary deposit) without the legal costs. So it simply isn’t worth it.
I’m not altogether certain who you are concerned about them sharing it with because in respect of any claim for child maintenance or any other kind of maintenance, your wife is entitled to see them.
So it depends who you are concerned about them being shared with.
Her solicitor has no duty of confidentiality to you, only to his client.
If she didn’t have solicitors she is entitled to ask for that information herself.
The only difference not being married makes is that she has no claim for spousal maintenance or any other kind of financial support, only child maintenance.
I would never volunteer anything except what they are asking for.