How can I prove maintenance avoidance?

maddie67

I requested a review of my maintenanace payments from my ex husband, as they were last calculated 2 years ago when he was a student on a secondment on his basic salary. When he decided to study, the maintenace took a substantial knock.

Since then he has qualified in his profession and has been working in a managerial role within the NHS, but the maintenance seems to have remained the same.

I have today had notification from the CSA that my payments have been calculated and I am entitled to just a couple of pounds a week more than my last award. According to the payslips they have received to calculate this, he is actually earning less than he was 8 years ago when he wasnt qualified (but doing a similar job).

Now Im a little suspicious as I dont know anybody who would study for 3 years to earn less money. As he works for the NHS he is able to contribute to their 'Superannuation' pension scheme. I am of the opinion that he is paying more into this scheme to bring his net income down and so pay less for his two children. He works with his partner who would be on the same pay scale, so I am guessing they take the lions share of their pension plan out of his salary.The CSA agree that this might be the case, but they say unless I can think of a way to prove it, they cannot do anything about it.


As things stand his take home pay per hour is less than mine according to their figures, which is complete nonsense, as I am in a low paid part time office job, all the more annoying as I am unable to work full time as I have to care for the children. He has another child with his partner, for whom he currently pays more in nursery fees than he pays in maintenance for two children. If I were to work full time the maintenance wouldnt even cover the childcare costs.

I have used a PAYE website and calculated that he is paying £312 per month into his pension fund, which is almost double what he is paying in maintenance. Who is to say that this is excessive or not? In my view if he is paying more into his pension fund than he is maintenance for his children, that IS excessive.

The CSA have his latest wage slips, surely they can see what his pension payments are, or do they just have a figure for overall outgoings before net?? Does anyone have any words of advice for me on this one? How can I prove that this is what he is doing?

DUTR

He can pay what he likes into his pension, just like you he won't want to work forever, if he has stopped work to study then he may well want to bring his pension contribution up to a reasonable level , people are living longer so pensions are quite important at the moment. The pension contribution figure you quote is not excessive and from that the most you would get is an extra £45 per month . Looks like you may have to wait until cs3 where the figure is calculated from gross pay.

Loopy_Girl

Which she has already been told by me on the Families board

kelloggs36

It depends on how much of a % he is paying into his pension - apply for a variation on the grounds of diversion of income,

speedster

kelloggs36 wrote: »

It depends on how much of a % he is paying into his pension - apply for a variation on the grounds of diversion of income,

would fail miserably. it's not classed as diverting as it's not going anywhere other than providing for old age.

something this government have been harping on about for years.

AnxiousMum

If he took time out to study, could it be that he has student loans of some kind that is also coming off of his pay cheque? Don't know if that would be taken into account or not.

maddie67

DUTR wrote: »

He can pay what he likes into his pension, just like you he won't want to work forever, if he has stopped work to study then he may well want to bring his pension contribution up to a reasonable level , people are living longer so pensions are quite important at the moment. The pension contribution figure you quote is not excessive and from that the most you would get is an extra £45 per month . Looks like you may have to wait until cs3 where the figure is calculated from gross pay.

well, £45 a month would make a massive difference to me, its more than 25% of what hes is paying! It might help towards childcare to enable ME to work full time and provide for MY old age, but as things stand, I dont have the luxury of a pension fund and will likely have to work through my old age. Meanwhile, while his is bringing his pension contribution to a 'reasonable level' his children are going without. He did not stop work to study, it was a secondment and he was paid his regular salary minus any overtime he may have worked in the past.

Thank you Loopy Girl I did see you reply on the Families board, but I also saw another reply from someone on there which made me realise I should have posted my original question on this board.

DUTR

maddie67 wrote: »

well, £45 a month would make a massive difference to me, its more than 25% of what hes is paying! It might help towards childcare to enable ME to work full time and provide for MY old age, but as things stand, I dont have the luxury of a pension fund and will likely have to work through my old age. Meanwhile, while his is bringing his pension contribution to a 'reasonable level' his children are going without. He did not stop work to study, it was a secondment and he was paid his regular salary minus any overtime he may have worked in the past.

Thank you Loopy Girl I did see you reply on the Families board, but I also saw another reply from someone on there which made me realise I should have posted my original question on this board.

It was not an attack , it's just sometimes the impression comes across that the nrp should just stop their life and live solely for children from a previous relationship , it is an episode closed , remember some ladies here get NOTHING at all.

speedster

cant really see how £11.50 odd a week is going to make a massive difference in terms of childcare etc.

that'll get you about an hour and a half if your lucky. not exactly a winning arguement.

maddie67

DUTR wrote: »

It was not an attack , it's just sometimes the impression comes across that the nrp should just stop their life and live solely for children from a previous relationship , it is an episode closed , remember some ladies here get NOTHING at all.

No, its not the NRP's that have to do that, they can sleep nights because they know that the PWC has stopped their life and is taking care of their children, without question! So when the NRP has had enough of playing happy families its okay for them to walk away and begin another life, just like that?

And Im well aware that some ladies and even gentlemen get NOTHING, but what are you trying to say? That I should shut up and be grateful that I get something? Well I DO get something, and I want that something to be right and fair.

maddie67

speedster wrote: »

cant really see how £11.50 odd a week is going to make a massive difference in terms of childcare etc.

that'll get you about an hour and a half if your lucky. not exactly a winning arguement.

That would be almost £600 a year which would cover childcare for the long summer holidays - one of the biggest problems I have is cover for school holidays, the summer one being the hardest.