Child support - How much and when?

HustleGang

I'm a dad, the paying parent. I have been paying child support every week according to the CS calculator, since he was born. This arrangement is private and has never involved the CMS. I have my son on average 1 to 2 nights a week.

I have received a letter stating that my child's mother has made an application and that they're basing my new payment from 17th Oct, based on 29K a year. I no longer work (except for some ad hoc bar work, roughly 12 - 18 hours a week).

Obviously I need to call them ASAP to explain my circumstances, but how does it work?

If I earn £850 (gross) in November, but only £400 in December, how do the payments work?

What do I pay in the meantime?
If I overpay, do I get a refund?

My plan atm is to add up all gross wages in October, use that to plug into the calculator and use that figure to pay her in November.

Hope someone can help me.

Thanks 

poppy12345

The calculator will tell you how much you pay for now. https://www.gov.uk/calculate-child-maintenance if you overpay, you do not get any refund.

Clearchem

They will look at your income from the last tax year. Monthly variance in income this year is not relevant. They will look at total taxable income next year for all months. If your income has changed more than 25% since the last tax year you can ask for a re consideration based on the new income level. If not you are expected to pay based on last year and it will be looked at in the annual review next year. Make sure to apply for the variations for shared care, travel etc. When budgeting note taxable income will be unaffected by the recent tax rises announced for April but the amount you (and and new family) are left with will fall while the amount for the parent receiving cms will stay the same.

HustleGang

Clearchem said:

They will look at your income from the last tax year. Monthly variance in income this year is not relevant. They will look at total taxable income next year for all months. If your income has changed more than 25% since the last tax year you can ask for a re consideration based on the new income level. If not you are expected to pay based on last year and it will be looked at in the annual review next year. Make sure to apply for the variations for shared care, travel etc. When budgeting note taxable income will be unaffected by the recent tax rises announced for April but the amount you (and and new family) are left with will fall while the amount for the parent receiving cms will stay the same.

Thanks for the response.

My income has changed way more than 25% I've effectively dropped from 29k a year down to roughly 8k!!

When you say ask for a reconsideration, are you saying they can just say... no, if they feel like it?

What do I do in the meantime? I cannot afford £270 whilst on my current zero hour contract wages. How long until they update the system to reflect my new wage?

Do I have to keep paying her weekly based on 29k until they get back to me?

Kind regards

tightauldgit

HustleGang said:

Clearchem said:

They will look at your income from the last tax year. Monthly variance in income this year is not relevant. They will look at total taxable income next year for all months. If your income has changed more than 25% since the last tax year you can ask for a re consideration based on the new income level. If not you are expected to pay based on last year and it will be looked at in the annual review next year. Make sure to apply for the variations for shared care, travel etc. When budgeting note taxable income will be unaffected by the recent tax rises announced for April but the amount you (and and new family) are left with will fall while the amount for the parent receiving cms will stay the same.

Thanks for the response.

My income has changed way more than 25% I've effectively dropped from 29k a year down to roughly 8k!!

When you say ask for a reconsideration, are you saying they can just say... no, if they feel like it?

What do I do in the meantime? I cannot afford £270 whilst on my current zero hour contract wages. How long until they update the system to reflect my new wage?

Do I have to keep paying her weekly based on 29k until they get back to me?

Kind regards

So what will probably happen is they will send you a letter saying based on your last tax year income you need to pay £x a week. You then need to ask for a mandatory reconsideration ASAP and provide all the evidence that your income has dropped - bank statements, payslips, etc. And then, yes pretty much they will decide.

In my case I found them to be reasonably quick and they accepted my reconsideration but then I was able to show them a submitted tax return to confirm my new earning level. 

I believe that technically you SHOULD pay the higher amount while you wait for the reconsideration but on the other hand they aren't going to take any enforcement action on you in that short period so you could just hold off. That's basically what I did as I didn't have the money to pay what they were asking me to pay originally. From memory it would get back dated and sorted out anyway.

In terms of how long it takes, if you do nothing it won't be until your annual review and it wouldn't be backdated. If you ask for a mandatory reconsideration then in my case it took a few weeks although there was a bit off a mix up because they hadn't received what I sent them so it actually went on for a couple of months. 

If they do not accept your mandatory reconsideration for whatever reason you can still appeal further to a tribunal but if you have good evidence of leaving your previous employment, and your new earnings etc I don't see any reason why they wouldn't accept it. Are you PAYE now? If your earnings are on file at HMRC that's a good sign as that is their 'go to' for information.  

KJSam

On top of what has been said, I would also recommend to have an open conversion with your ex-wife so she can prepare herself mentally and financially.

ZaSa1418

HustleGang said:

I'm a dad, the paying parent. I have been paying child support every week according to the CS calculator, since he was born. This arrangement is private and has never involved the CMS. I have my son on average 1 to 2 nights a week.

I have received a letter stating that my child's mother has made an application and that they're basing my new payment from 17th Oct, based on 29K a year. I no longer work (except for some ad hoc bar work, roughly 12 - 18 hours a week).

Obviously I need to call them ASAP to explain my circumstances, but how does it work?

If I earn £850 (gross) in November, but only £400 in December, how do the payments work?

What do I pay in the meantime?
If I overpay, do I get a refund?

My plan atm is to add up all gross wages in October, use that to plug into the calculator and use that figure to pay her in November.

Hope someone can help me.

Thanks 

Make sure any maintenance you pay her from now is clearly marked as maintenance otherwise she might say she hasn't had any. I would continue to pay her what you have been paying as that is what was arranged and once the CMS have done their calculations change it.