Child maintenance annual review General query

Nobody'sBusiness

Asking for someone I know who is paying parent. Previously has 50/50 care but circumstances have changed and they children are residing full time with their mother. The payment is deducted from his wages at source but leaves him with no money for food and living costs after paying bills, mortgage etc. He is having to consider selling his house. If his wages were to increase by say 10% ( but nowhere near 25%) would the payment increase in line with that after annual review? I'm not getting clarity on this from asking AI on Google. It seems extremely unfair that he's working his backside off and has no money to live on. The kids have wanted for nothing. They are not kids living in poverty. Their mother has her own income anyway 

Nobody'sBusiness

Forgot to add.. He lives in England uk

BrimfulofSascha

There is a simple online calculator on the CMS website that will tell them what he is due to pay. remember that sets the legal minimum they should pay. Can your friend get a second job to help? The resident parents financial situation is by-the-by, she didn't make the children by herself. 
But in a nutshell, if his wages go up his liability to his children goes up too

Nobody'sBusiness

Okay thanks. No she didn't make them by herself ..... He is and has ALWAYS BEEN willing to pay for his children! He did so for 8 years along with the receiving parent before she pushed him into leaving the family home (expecting she'd hook up with him later on when he'd sorted that out). She hadn't bargained on him becoming involved with someone else. That was 8 years ago. He then had 50/50 shared care until 2022 when the eldest child opted to live full time with HIM. He accepted a pittance from their mother for her care but after a year this child went back to the 50/50 arrangement. Then a year later after a row (and having been brainwashed by their mother) the children chose to live with their mother full time. Rather than accepting the very reasonable amount he offered towards their care, she applied to CMS (in her vindictive, controlling way) and she got the 16% of his gross wages she'd been after since he rejected her.  Unfortunately the circumstances are that his current partner doesn't actually live with him so he's solely responsible for paying his mortgage, bills 
etc and is now expected to pay a amount similar to another mortgage for the pleasure of his children living with their mother and choosing if and when to pop in and see him.
Now he's nothing left to live on after paying his mortgage and bills etc. They call this fair??
The kids have always been well provided for. Their mother isn't living on the bones of her ****.. She has her own income to boot. Given you're so informed, please explain why the AI on search engines claims the CMS only increases the amount if the paying parent's wage increases by 25%? That's what I'm hoping someone can clarify? 

swingaloo

There is an awful lot of anger in your post, are you the new partner?

Why is applying to the CMS vindictive and controlling? Was the very reasonable amount he offered comparable to what the CMS say he should pay. If he is paying 16% of his wage then he keeps 74% so needs to live within his means until maintenance is no longer payable. They must be in their teens now.

Been there and got the t-shirt

Nobody'sBusiness

Yes I was annoyed, How observant of you. The previous poster thought fit to point out that the mother didn't make the children by herself. Having that pointed out is a tad patronising! We're not talking about a father who has attempted to avoid supporting his kids. On the contrary when the eldest lived solely with him for a year he accepted the mother's paltry offer of £40 per MONTH as her maintenance contribution.
You clearly don't understand the situation as he's paying around £750 per month for the two children because of her refusal to accept his reasonable offer of £500 ... a fair offer in comparison to what she paid him. I wonder how much CMS  would have deducted from her wage?? Self employed people are perhaps less likely to declare everything so maybe HMRC  wouldn't have been fully appraised of her true income. We'll never know as he wasn't so  officious and vindictive to apply to them. Always best for parents to agree an amount they can afford so I've read. Instead he's possibly going to have to sell his house in order to honour the commitments he took on before this bombshell. It's a pity no one has managed to answer my question as to whether the payment only increases following annual review if the wage increase is 25% or over. That's what AI answer states on Google and that's really all I wish to clarify. He's not trying to get out of supporting his kids which  the previous poster and you seem to be determined to believe. And no.... I'm not his new partner! 

HampshireH

16% for 2 children doesn't seem unreasonable. Your friend is earning around £70k per year as an annual salary (based on what you have said) and contributes roughly £11k a year or just over £5k per child to keep them fed, housed, in school uniform and extra curricular activities etc.

It leaves him with a good chunk per month. Perhaps he also needs to look at his outgoings and see where he could make efficiencies if he genuinely can't afford food.

https://www.gov.uk/government/publications/child-maintenance-how-we-review-cases-every-year-leaflet/the-annual-review-how-it-works-a-guide-for-paying-parents-and-receiving-parents#how-the-annual-review-works

This link is for the guide on how Child maintenance is calculated and where they get their figures. It explains the 25% change triggers 

mr_stripey

16% doesn't sound too bad to me. 

I'm also divorced and the childcare (if you call it that) and the ex and me generally work things out between us and it is broadly fine.

On my take home of (example) £3k that would mean I pay £480 and that's if the kids aren't with me. As it happens they live with me 50/50 (ish) and two teens probably eat their way though that much in a month anyway!

How has he got nothing left? If 16% in his case equals £750 then he's on a decent salary? Forget all the hear say about how much she does, or doesn't earn and what not. They are his kids, they don't live with him and he has an obligation to support them.

Nobody'sBusiness

Great that you and the ex work things out between you! Would have been fine if this was the case and she'd accepted what he could afford.....she wouldn't although he had accepted a paltry sum off her when the eldest chose to live full time with him for a year. 
His wage is around £62000  which IS good but he's out 14 hours a day because of the commute.
The 16% CMS is calculated on the GROSS income BEFORE TAX but after NI and pension payment. So deduct 40% of that take home wage before you jump to the the assumption that he's well off. After paying mortgage, bills, insurance, loan and other monthly commitments (not sharing costs with a partner as many others  paying a mortgage and running a HOME) there's nothing left. I reckon he'd be way better off earning less in fact as the 40% tax wouldn't be applicable and then the CMS payment would be WAY less. 
However, I've read your wage needs to decrease by at least 25% before the calculated payment would be reduced. Likewise I've read your income needs to INCREASE by 25% before the payment would increase. This is all I want to clarify.... Does it mean after annual review the current payment will not increase unless his income has increased by 25% or more?
I'm not sure why so far people are avoiding answering my question and just picking holes in everything else I'm saying

Nobody'sBusiness

Oh btw Mr Stripey, things were fine when he had 50/50 shared care but you have no idea of the dynamics here resulting in them choosing to live full time with their mother. They have been influenced in this decision. Think it couldn't happen to you? It could. Never would have believed it could happen here either but it has 🤷

BrimfulofSascha

You asked, I gave facts. The CMS amount is the legal minimum, if he offered below this he wasn't being generous.
I also find it strange that it was the mother that had the ability to brainwash the children when one lived solely with the father and for most of their lives it has been 50/50. 
Your 'friend' seems to take no responsibility at all for his situation with his children (trying to get away with paying less support to his children is not going to make them think he is a good dad by the way) 
If you want to have a rant, sound off. I understand that feelings are fraught with situations of separation. There is no good guy. I would suggest your friend seeking therapy to work through these feelings and find a way to remove the anger for the sake of his children.