Child maintenance service - confused!

macadoogle
macadoogle Posts: 4 Newbie
in Child support
Hi

I am so confused. My partner pays his ex wife maintenance every month and has since they split. He signed the house over to her and she kept the car that he still pays for this was agreed as part payment for the maintenance.

Anyway god only knows why but she went to the CMS who sent him a letter stating what his wages are and how much he needs to pay every month. They have his wage INCORRECT by over £10,000!! So on top of the £150 for car he will have to pay another £420 a month. When looking into this the CMS have requested his income from HMRC they take into account a company car (that he pays over £200 a month on) and other things. How can they do this when it is not an income????

Calculations today show he has £73 a month to live on as he has other debts. We have just bought a house together getting one big enough for his daughter and my (older) son. He has his daughter twice a week for tea and every other weekend from a Friday tea time to a Sunday at 6.30pm. He now cannot afford to do anything with her ... How can this be right???

Can anyone help/advise???
«13

Comments

  • iammumtoone
    iammumtoone Posts: 6,377 Forumite
    First Anniversary Name Dropper First Post I've been Money Tipped!
    The amount that has been set by the CMS is what he has to pay. He does not have to pay the extras (ie car)

    His ex would be expected to pay for the car herself possibly out of the CMS money if she wished.

    Is the car on lease? whos name is the agrement in?
  • macadoogle
    macadoogle Posts: 4 Newbie
    Hi thanks for your reply.

    i know he is going to get rid of the car but that still leaves him with £73 a month to live on... Hows that fair??
  • CurlySue2017
    CurlySue2017 Posts: 463 Forumite
    First Anniversary Name Dropper First Post
    It is far from fair.

    We have been battling with the CMS over them using incorrect, out of date information for nearly two years now.....they are idiots.

    Unfortunately they are idiots that you are stuck with, as are we.

    Sorry to hear about your situation - there are many more in the same boat I'm afraid.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    Uhm it's perfectly correct to include benefit in kind (eg a company car)
  • MataNui
    MataNui Posts: 1,075 Forumite
    Comms69 wrote: »
    Uhm it's perfectly correct to include benefit in kind (eg a company car)

    Yes. It is. Though the OP states incorrect by over 10k. 10k per year is one hell of BIK. Must be quite a nice car.

    I have posted on this particular forum before about the dangers of a company car and the CMS. OP would be far better off just forgoing the benefit entirely. Though CMS will continue to assess him as though he has it for the next year at least with no hopes of any refund for them charging incorrectly.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    MataNui wrote: »
    Yes. It is. Though the OP states incorrect by over 10k. 10k per year is one hell of BIK. Must be quite a nice car.

    I have posted on this particular forum before about the dangers of a company car and the CMS. OP would be far better off just forgoing the benefit entirely. Though CMS will continue to assess him as though he has it for the next year at least with no hopes of any refund for them charging incorrectly.
    Indeed, but there could be other benefits too
  • noodledoodle78
    noodledoodle78 Posts: 219 Forumite
    First Anniversary Combo Breaker
    It would be woth confirming with the CMS that his child stays with him 2 nights a fortnight. If they aren't already aware of this, this will have an impact on the amount he has to pay and will reduce his liability.

    I would also be cancelling the car payments as you have stated they were partly in lieu of child maintenance payments.
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  • Colin_A
    Colin_A Posts: 2 Newbie
    Your story is scarcely similar to my family.
    I also handed over a house and car in a “clean break” funicular settlement for divorce.
    I offered maintenance at a reasonable level but my ex chose to go through the CSA and ended up getting less than I offered.
    CMS is worse than the CSA they charge 20% on top of any payment. If you have a bitter ex this is another opportunity to punish my new family with the 20% just going into the government coffers and not to any children
  • CurlySue2017
    CurlySue2017 Posts: 463 Forumite
    First Anniversary Name Dropper First Post
    Comms69 wrote: »
    Uhm it's perfectly correct to include benefit in kind (eg a company car)

    Is it perfectly correct for them to base payments on information from the HMRC dating back to 2014, when they have been sent up to date wage slips, admit that they have them sitting there, but have taken no action?
  • CurlySue2017
    CurlySue2017 Posts: 463 Forumite
    First Anniversary Name Dropper First Post
    noodledoodle78 wrote: »
    It would be woth confirming with the CMS that his child stays with him 2 nights a fortnight. If they aren't already aware of this, this will have an impact on the amount he has to pay and will reduce his liability.

    I would also be cancelling the car payments as you have stated they were partly in lieu of child maintenance payments.

    Definitely agree with this
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