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Child maintenance payments while furloughed

My husband is due to be furloughed in the next week or so. The 80% payment from the government will not cover our basic outgoings. Our mortgage provider won’t give a payment holiday unless he is laid off. We will not be entitled to any benefits. He has checked the child maintenance website and it’s saying that he still needs to pay 25% of his reduced income in child maintenance, which will leave us completely unable to cover bills and food. We have always paid child maintenance in full and on time on a voluntary basis ( ie in line with the Child Support Agency’s figures,  but not through the agency) Is there any wiggle room here for us? We totally understand the need to pay maintenance, but we also need to pay our bills. I suspect his ex is in a position to have her money supplemented by increased benefits. Unfortunately I have not been able to work for the last 3 weeks as I have picked up a viral infection and been in hospital. Now at home recovering, but won’t be fit for work for a while. I don’t earn enough to get SSP, so I have no income at the moment at all. We want to do the right thing, but seem to be slipping through the net here. 

Comments

  • You say you pay maintenance on a "voluntary" basis. I assume this means there is no court order in place and you've privately organised this with the other parent? If so, your best best is to negotiate with them to reduce your payments for now. The other parent can report you to the agency for non-payment if you just unilaterally stop paying which would result in your husband's pay being garnished by his employer, leaving you both no better off than you currently are.

    I'd also recommend speaking to the agency if you can't come to a solution with the other parent, and explain your situation. I'd be surprised if they didn't let you make reduced payments once you've proven your income and outgoings.

    Please let me know if I can help with anything else.
    Lawyer in training, but I am not legally qualified yet.
  • NWDave
    NWDave Posts: 30 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    edited 3 April 2020 at 1:29PM
    Similar situation - Furloughed last night, so 80% of salary paid by the government.
    In addition my company car has gone back too, so that means I breach the 25% or more threshold that triggers a recalculation.

    The issue is getting through to the CMS to see what they have to say on this as we don't know if redundancy will follow the Furlough period meaning things could get much worse. Anyone else have trouble getting through to them?
    I contacted HMRC last night using their LiveChat to get the Car Benefit removed immediately, with no fuss, might be a good idea for the CMS to maybe adopt this too?

    EDIT - Outcome of the call to the CMS;
    When I finally got through, the change in my circs mentioned above, means a new schedule will be sent through to me - However, keep in mind that current payments are based upon Tax Years 18/19 P60 and P11d information but the monthly payments have been impacted by Furlough taking place in TY 19/20 and 20/21 as we are right on the threshold of the new Tax years coming into play.

    When and if things return back to normal then its a matter of calling the CMS back to let them know. They take the latest end of tax years P60 and P11d which by then will be TY19/20 to recalculate my payment schedule which is where my only worry is.

    Will the CMS try to claw back the deficit in the payments I have made because of Furlough owing to how they calculate the payment schedule using TY 19/20 end of year certificates?The impact of being Furloughed will only reflect a tiny amount in TY 19/20 with the larger impact showing next Tax Year 20/21?

    Would be good to have a CMS experts opinion and comment, as I suspect this will impact both paying and receiving parents across the whole country in these quite worrying and stressful times.

    I hope some of that helps!

  • Hi I am kind in the Same boat part from o am getting the 80% furlough but that’s all I am getting I phoned and they said it would all get worked out. But I have tried phoning Again with no joy I use want to know will my payments go down as I need work our bills and I can’t till I know 
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