Child Maintenance decrease

NListon

I’ve just received notification from the CMS saying my ex-husband’s wages have decreased due to him being furloughed ... I have reason to believe he has asked for a 25% reduction in wages rather than accepting the 20% to qualify for the reduction in CMS payments as he’s previously asked the CMS what the threshold for decreased payments were ( he’s on the highest rate currently as he has the children less than 52 nights a year.. and he’s had a failed appeal with the CMS and is currently disputing this at a tribunal even though I have proof.. awaiting a court date  ) He also has form on trying to avoid paying maintenance with a child he had with a previous partner.   I am now £300 a month worse off in CMS payments and his weekly gross income is still more than I earn in a month ! I am a key worker and so is my partner so together we earn nowhere near what he earns even now as he earns close to 100k a year!! 

When the current furlough scheme ends and my ex-husband goes back to his normal wages... will the payments resume immediately at the previous rate awarded (depending on him being honest with the CMS /HMRC) or as it states on the document I’ve been sent by the CMS it will be reviewed in November ?? It also says that his wages would have to change by 25% before a change in award and I fear he will now make sure that he stays just under this bracket ... And use this as the opportunity he’s been waiting for.  I need advice desperately as I cannot get through to the CMS and the self service system on my account  is not working so I have no means of contact with them ! I’m really stressing and not sleeping about how I’m going to cope with this situation long term. 

Comms69

There is nothing you can do currently. So you're panicking about something outside of your control. 

A good rule of thumb is to not rely on child maintenance. He could easily have been made redundant and you would be alot worse off. 

Logically it's unlikely that he would stay on the current system just to mess you around as he would still be proportionately worse off. It will be reviewed and any backdated payments will be added on when that happens. 

I'm not sure how his income compared to yours is in anyway relevant.

NListon

I understand that completely, but my question was whether you could negotiate the percentage decrease with your employer ? And whether or not payments would revert back earlier than the 6month review, if things had gone back to ‘normal’. Thank you for your time. 

Comms69

NListon said:

I understand that completely, but my question was whether you could negotiate the percentage decrease with your employer ? And whether or not payments would revert back earlier than the 6month review, if things had gone back to ‘normal’. Thank you for your time. 

Yes you can of course. You can negotiate it at any point, regardless of furlough. That's how most salaries are progressed - usually it's just in the other direction. 

Payments would revert back either when notified or when reviewed. 

I appreciate what you're saying and your ex sounds like he's playing the system somewhat. Without being preachy, between two incomes, benefits and child maintenance, you should have a fairly healthy income. Living to your means is not a good idea in such circumstances, where £10 a day makes such a big difference - especially when there's literally nothing to spend that money on anyway. 

NListon

Ok thank you.  Again I appreciate your advice.  It’s more that I’m concerned about afterwards and going back to the extras involved that aren’t s happening at the moment ... travelling and day to day expenses for school/ college and all of the ‘normal’ costs that occur with sports fees / clubs etc etc for the children which is all normally budgeted for. We don’t qualify for any benefits other than CMS and yes my partner and I both work.. and we are able to manage normally.   During this situation we are consciously making savings where we can to use at a later date if necessary .  I do think though given what you said about negotiations that he’s used this as another way to play the system .. I guess we’ll see in time.  Thank you again and i’ll wait to see what happens over the coming months.  

Comms69

NListon said:

Ok thank you.  Again I appreciate your advice.  It’s more that I’m concerned about afterwards and going back to the extras involved that aren’t s happening at the moment ... travelling and day to day expenses for school/ college and all of the ‘normal’ costs that occur with sports fees / clubs etc etc for the children which is all normally budgeted for. We don’t qualify for any benefits other than CMS and yes my partner and I both work.. and we are able to manage normally.   During this situation we are consciously making savings where we can to use at a later date if necessary .  I do think though given what you said about negotiations that he’s used this as another way to play the system .. I guess we’ll see in time.  Thank you again and i’ll wait to see what happens over the coming months.  

Child benefit? One of you would have to be earning in excess of £50k to not qualify for that?

Best of luck with it.

NListon

I will look into that !! Thank you 

NListon

Oops ... sorry misunderstood... yes I already qualify for that... my mistake. 

kingfisherblue

If he is furloughed, I think the maximum that the government will pay is £2500 a month, regardless of his usual income. This is a lot lower than usual for someone on £100,000.

Caz3121

as above....if someone earns £37.5k or less, the furlough payment will be 80%
for people with salaries over £37.5k the % received will be much less due to the £2.5k cap...his take home pay will likely be less than 50% of current if he is on £100k

Comms69

Caz3121 said:

as above....if someone earns £37.5k or less, the furlough payment will be 80%
for people with salaries over £37.5k the % received will be much less due to the £2.5k cap...his take home pay will likely be less than 50% of current if he is on £100k

Employers are free to supplement this though as far as im aware.