*New question* (07/09) What happens if the net weekly income changes every month?

Toonie

This is a question on behalf on a friend who has just split up with her husband. They have two children and she will have sole care of the children and he will have them less than 52 days of the year. The problem my friend faces is her husbands wages change every month, ranging between £3000 and £6000 depending on his sales. Does anyone know if this will this be taken into consideration when getting maintenance?

Thanks for any help.

Donedoingdebt

They may take his average net pay over the last 6 or 12 months into account & base their calculation on this amount.
For example 6 months @ £3000 net & 6 months @ £6000 net. The average net pay per month is £4500 The assessment should be 20% of this figure: £900 per month, based on current CS2 rules for 2 children.
However, when the newer CMEC calculations are used, his assessment will be 16% of his gross pay.

LizzieS_2

It is also worth noting that the maximum weekly income taken into account by the csa is £3K net. If income exceeds that level on a regular basis, you would have to ask the court to deal with income over 3K.

Toonie

Thanks for your help, I will pass the information along.

Toonie

I have just found out from my friend that her husband (who she is separated from) has given the CSA his last two payslips which have very low earnings on and this doesn't represent what he really gets paid, he quite gleefully informed my sister of this and has told her it means he won't have to pay a penny for his children. Can this be true? Can she inform the CSA that his last two payslips don't give a true picture of his earnings?

kelloggs36

AT present max level is 2k per WEEK net.

kelloggs36

Toonie wrote: »

I have just found out from my friend that her husband (who she is separated from) has given the CSA his last two payslips which have very low earnings on and this doesn't represent what he really gets paid, he quite gleefully informed my sister of this and has told her it means he won't have to pay a penny for his children. Can this be true? Can she inform the CSA that his last two payslips don't give a true picture of his earnings?

Yes she can - she can ask them to look at the year to date figures or to contact his employer.

Toonie

Thanks, I will let her know. She was really concerned as it would mean she would have to move house otherwise (she rents and uses the money he gives her to pay part of the rent).

CMAC_2

The agency will look at his basic salary and then class the sales bonues in the same way it treats a dividend ie divide by 52 weeks. If the sales bonues changes every month they will not change the assessment unless it decreases or increases by 5%.

Can I suggest you request the p60 be used if the CSA refuse just take it to appeal. I suspect TS will use p60 in this case.

Toonie

Thanks, will pass on the information. His basic salary is only £100 a week, which I can't understand as this would put his well below minimum wage. Also, he gets a lower wage because he has taken the opportunity to have a company car.