Child maintenance service - confused!
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Few spelling errors there sorry. Scarily not scarcely and financial not funicular. Don’t you just love predictive text.
My advice is carefully reference all payments and if possible avoid variations in income. Having a good financial year then a bad one means a relatively high cms payment in comparison to salary.
Always keep and log evidence anything verbal stated by the CMS is probably not true. I have been told to keep receipts then told they were worthless. Told to reference direct pay payments as maintenance only for my ex to say she thought the payments were just “pocket money” and claim £9000 back payments from the CMS. Based on here say. Even when I provide bank statement evidence and my daughter stating she has not had pocket money in 12 years and an empty bank account the CMS continue only to believe verbal account from my ex.0 -
CurlySue2017 wrote: »Is it perfectly correct for them to base payments on information from the HMRC dating back to 2014, when they have been sent up to date wage slips, admit that they have them sitting there, but have taken no action?
Unless the difference is over a certain amount (I believe £5,000) then you must ask them to review officially.0 -
Your story is scarcely similar to my family.
I also handed over a house and car in a “clean break” funicular settlement for divorce.
I offered maintenance at a reasonable level but my ex chose to go through the CSA and ended up getting less than I offered.
CMS is worse than the CSA they charge 20% on top of any payment. If you have a bitter ex this is another opportunity to punish my new family with the 20% just going into the government coffers and not to any children
You don't have to agree to collect and pay, if you simply agree to pay.0 -
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CurlySue2017 wrote: »And also if the ex agrees, which they don't in many cases and then you are stuck.
This isn't correct. The ex doesn't have to agree, you can apply to pay direct and as long as you don't have any arrears and you have paid regularly, the CMS will allow you to. They will workout a payment schedule for you and pass on the PWC's bank details to you for you to pay direct.
They can only enforce pay and collect when they believe you won't pay, i.e. Arrears or a history of not paying.
We are on pay direct, despite my partners ex wanting pay & collect - very bitter woman!If my posts have random wrong words, please blame the damn autocorrect not me
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This isn't correct. The ex doesn't have to agree, you can apply to pay direct and as long as you don't have any arrears and you have paid regularly, the CMS will allow you to. They will workout a payment schedule for you and pass on the PWC's bank details to you for you to pay direct.
They can only enforce pay and collect when they believe you won't pay, i.e. Arrears or a history of not paying.
We are on pay direct, despite my partners ex wanting pay & collect - very bitter woman!
I was 99% sure this was the case, but wondered if it had changed - thanks for clarifying0 -
CurlySue2017 wrote: »Yes I know that. Done that three times. Nothing. Any other suggestions?
You need a 25% difference in gross salary ( for CMS this is gross salary - pension contribution) before the CMS will change the monthly payment outside of the annual review. Increase paension contribution by 25% for 2 months and ask CMS to recalculate.0 -
When you sent in the wage slips, did you also send the latest tax year’s P11D to show the taxable benefit amount? If not, the reason why they aren’t doing anything is because you have only sent in partial evidence of relevant income. Until you send in evidence of al relevant income, including taxable benefits they’ll keep using the figure from HMRC.
If when you add in the P11D figure to the taxable PAYE figure shown on the wage slips the overall income is not more than 25% different than the HMRC figure, then they won’t change it in any event because tolerance hasn’t been breached.
Assuming his daughter is the only child he is paying maintenance for and you have made CMS aware of your son (assuming he lives with you) and the care arrangements for his daughter, that would suggest the income figure they are using is around £55,000. For them to use an income figure based on your evidence, his annual income including BIK would need to be below £41,250. Is it?
(Calculated as follows:
£420 / 6 x 7 = £490 a month without Band A shared care allowance
£490 / 12% for 1 child = £40.83 as 1% of income after relevant child deduction
£40.83 x 100% = £4083.33 monthly income after relevant child deduction
£4083.33 / 89% = £45.88 as 1% of income before relevant child deduction
£45.88 x 100% = £4588.01 total monthly income used in calculation
£4588.01 x 12 = £55,056 total taxable annual income used by CMS to calculate £420/month payments)
It may be you have to look at other areas of your partner’s budget to increase his £73 a month disposable income. You say the figure is this amount because he has to pay other debts. Has he contacted any of the debt charities to see if there is anything that can be done to reduce how much he is having to pay to those other debts each month?
And as others have said, if he can cancel the car payment that immediately gives him a further £150 a month. Additionally, have you done a financial check up to make sure you’re getting the best deals on all your contracts/services or considered posting an SOA on the debt free wannabe board to see if there are other budget savings your household could make?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 -
This isn't correct. The ex doesn't have to agree, you can apply to pay direct and as long as you don't have any arrears and you have paid regularly, the CMS will allow you to. They will workout a payment schedule for you and pass on the PWC's bank details to you for you to pay direct.
They can only enforce pay and collect when they believe you won't pay, i.e. Arrears or a history of not paying.
We are on pay direct, despite my partners ex wanting pay & collect - very bitter woman!
Ah, another lie told to us by the CMS then!
Thanks for this, I will pursue this next time we have discussions with them, which I am sure will be soon.0
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