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The income 25% rule
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WE've got almost exactly that.
DH had an accident at work and has been off sick for 8 months. After 6 he goes onto half pay according to payroll.
Except because it was an accident at work he doesnt and his manager will sort it
So he's dropped to half pay and we are getting the CMS to recalculate. Once the maintenance is lowered, he'll go back to full pay.
Why you ask?
Because his ex wife lied for two years about one of his children still being in college when he wasnt. She refuses to communicate with the CMS about his middle child which we are still paying for despite being 99% certain she has also left school.
She has committed fraud for child benefit but apparently that is between her and child benefit and nothing to do with us.
the over payment now owing for the eldest, we have been told that the only way to get it back is to take her to court. They will not adjust down the payments for the middle and youngest.
So damn right we're playing the system.0 -
Anyone know if CMS use HMRC dividend income when calculating maintenance?0
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Yes, if an application is made for an unearned income variation.I often use a tablet to post, so sometimes my posts will have random letters inserted, or entirely the wrong word if autocorrect is trying to wind me up. Hopefully you'll still know what I mean.0
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But by default they don't?
And the other parent would have to make that application?0 -
Correct.
Less than 10 characters.I often use a tablet to post, so sometimes my posts will have random letters inserted, or entirely the wrong word if autocorrect is trying to wind me up. Hopefully you'll still know what I mean.0 -
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They don’t take it into account by default.
Either paying parent or receiving parent can make a variation application to take account of the paying parent’s unearned income.I often use a tablet to post, so sometimes my posts will have random letters inserted, or entirely the wrong word if autocorrect is trying to wind me up. Hopefully you'll still know what I mean.0 -
Thanks and is there any special requirements for them to do so? Eg forms to complete or evidence etc?
Or the receiving parent just has to suspect that the paying parent is getting income that way and request it's taken into account?0 -
https://www.legislation.gov.uk/uksi/2012/2677/part/5
https://www.citizensadvice.org.uk/family/children-and-young-people/child-maintenance/child-maintenance-2012-scheme/child-maintenance-reviews-and-appeals/the-2012-child-maintenance-scheme-grounds-for-a-variation/
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/336730/variations-explained-receiving.pdf
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/336663/variations-explained-paying.pdfI often use a tablet to post, so sometimes my posts will have random letters inserted, or entirely the wrong word if autocorrect is trying to wind me up. Hopefully you'll still know what I mean.0
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