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data required by CMS 4 months 2 weeks ago #104425

  • saggs
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Hi, I'm new to the site and just been told by my ex that CMS are getting involved. I have been paying well over the required amount to my ex for 2 years. I have used the calculator and I should be paying 550 pounds a month and I have been paying 710 pounds. However, she wants more and has gone through CMS. I am now worried that the calculator is only a guide line and that I will end up paying more and also pay arrears. Has anyone on here been in the same position? what do CMS request from the paying parent in terms of pay slips etc? Is the calculator accurate?

Thanks

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data required by CMS 4 months 2 weeks ago #104426

So the CMS will use your most up to date P60 figure, this will most likely be from the last tax year of 2018 - 2019.

This figure will then be divided by 52 to get your weekly income, and from this the percentages will be worked out (12% for one child, 16% for 2 etc).

If you want to know how much you will be paying, work this figure out for yourself and put it into the calculator.

Sounds like your ex has shot herself in the foot by doing this, so a win win for you. Do you definitely know if a case has been created yet? If not it may be worth you opening a case and paying the £20, as this gives you far more control.

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data required by CMS 4 months 2 weeks ago #104428

Until your ex contacts CSM there is nothing they can do. you don't have to pay arrears. effectively you could of paid nothing at all and you would owe nothing.

CSM payments start from date normally ex contacts them. you will almost be contacted straight away by mail outlining how much you will need to pay.
If CSM do get involved you would need to do a bank transfer to ex as then it shows you have paid.

At the moment I would only pay what the CSM calculator works out as a guideline until they get hold of you. I certainly wouldn't pay above what is due as you could be taking your children out with the extra money you are giving ex

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data required by CMS 4 months 2 weeks ago #104429

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Thanks Yoda, The calculator suggests you can take pension contributions out of the total income too. But every time i read a post on the subject, pension contributions are not mentioned.

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data required by CMS 4 months 2 weeks ago #104430

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I agreed to pay the extra so my eldest could get to school. I am paying all of the bus fare and the petrol for my ex to get him to and from the bus stop. But she is forever asking for extra cash on top and I am sick of it so I may approach CSA myself.

Thanks

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data required by CMS 4 months 2 weeks ago #104433

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For the £20 cost of opening a case, I would really recommend that you do this - it means that when the time comes, you can request the case is closed, rather than your ex having to do it. That's assuming your ex hasn't already opened a case.

The calculator is pretty accurate, as long as the information you put in is correct.

Sounds like she's shot herself in the foot here - you are not legally obliged to pay anything more than the CMS tell you, and they don't backdate - you will only have to start paying from when they contact you. Are you paying her in the meantime? If so, you could potentially reduce it to the CMS amount you have worked out, but make absolutely sure that you mark any payment as child maintenance, and do it through a bank transfer - that way the CMS can't claim that it was for something else (this has happened a number of times).

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data required by CMS 4 months 2 weeks ago #104434

Saggs, your P60 figure for the tax year is after any pension contributions are taken out, so don't take these off as well. Do you have access to your HMRC online account? You can get a figure off here.

Example:

Gross Wage - £50,000
Pension contributions - 10%
Wage Minus pension contributions - £45,000 (this is what will show on your P60)
Divide by 52 - £865 per week (this is the weekly figure CMS will use)
12% for one child - £103 Per week
16% for 2 children - £138 per week
19% for 3 Children - £164 per week

As others have said, you are not liable to pay arrears until a case is opened, they cant chase anything before the case open date.

I would open a case with the ASAP. If I know what I know now, I would of done this, and I am gutted that I didn't.

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data required by CMS 4 months 2 weeks ago #104435

  • HRabbit
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Dont forget extra deductions for any nights that you have the child(ren) stay over above 52 per year.

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