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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 5971
Experience:  LLB (Hons)
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Re child maintenance, does it continue ad infinitum as

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Hi, re child maintenance, does it continue ad infinitum as earning increase or is there a cap?
Additionally can it be reduced by anything?

Hello, how are you today?

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Is the child maintenance calculated via the CMS?  Or has it been ordered in a consent order during the divorce?

Customer: replied 6 days ago.
Hi thank you
Customer: replied 6 days ago.
We’ve just been arranging ourselves Ed using the .gov calculation

There is a cap for the use of the CMS - they have no method to calculate above that amount, and that is £3k per week.  If you earn more than £3k per week, the calculator will not give you an accurate figure to pay.

In those circumstances, the receiving parent would be advised to make an application to court for additional payments, if they cannot be agreed between the parties.

In short, if you earn below £3k a week, the calculator will give you an accurate assessment of what you need to pay.  And  yes, it increases as your income increases until it reaches that cap level.

Child maintenance can be reduced by the number of nights the children spend with the paying parent (the calculator can take that into consideration), by additional travel costs (for example if the resident parent moved a long way away and the non resident parent had to pay additional costs to see the kids (doesn't work if the non resident parent is the one who moved). Paying pension contributions also reduces your income taken into consideration for calculation purposes.  And also if there are other kids living in  your household, even if they're not yours - that will reduce your payment to your kids.

Customer: replied 6 days ago.
Thanks. Is the £3k cap gross or net? And is it derived from salary or plus bonus?

Yes, gross.  All income.

Customer: replied 6 days ago.
Ok so gross income is a little over that (being 3k x 52), but then taking off pension contribs I think will take me a few pounds under……either way it’s right on the cap.
It doesn’t sound like there’s much else to consider at present and I should just leave it be?

Certainly sounds like it.  Anything you contribute is for the benefit of your children, so that's a plus.

Customer: replied 6 days ago.
Well that’s part of the reason for the question….I don’t think it’s being used in that way, I’d rather use it myself for them !

Unfortunately, it doesn't work like that.  It has to be paid to the resident parent.

SASH_Law and other Family Law Specialists are ready to help you
Customer: replied 6 days ago.
I know. Thanks for your help

You're very welcome.

Glad I could assist.

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All the best!