In the case of “Special Expenses” the CMS (Child Maintenance Service) can take account of specified payments to reduce the CMS calculation. This has to be done by applying for a variation of the calculation. It can take a long time for that to be resolved. Child maintenance regulations can be very complicated and even many lawyers find the area difficult so it can be a problem finding specialist advice.
In this case the couple had a joint mortgage whilst living together, had a child and later separated. The father left the home leaving the other party and child living there. The CMS determined that the non-resident parent should pay child support but later varied that decision downwards to take into account the mortgage payments which he continued to pay. This was because of reg 65 of the CSMC Regs 2012.
The tribunal found that regulation 65 applied to mortgage payments on a property jointly owned by the non-resident parent, as the payments met the criteria of prior joint debts benefitting the parent with care and child.
The resident parent appealed that decision but lost.
UA-2023-001189-CSM [2024] UKUT 259 (AAC)
Other types of Special Expenses leading to reductions in child maintenance may arise from the CMS taking account of the following paying parent’s expenses:(§2(2) of Schedule 4B to the Child Support Act 1991):
(a) costs of maintaining contact with the qualifying child(ren);
(b) costs of a long-term illness or disability of a ‘relevant other child’ (namely, a child who lives with the paying parent);
(c) previous debts, incurred before the couple separated;
(d) boarding school fees paid for qualifying child(ren);
(e) costs of repaying a mortgage on the home of the parent with care and the qualifying child(ren).