I have worked out what I need to pay in Child Maintenance from the CMS Calculator and been paying my ex religiously since our split 3 years ago..
She doesn't believe what salary I'm on even though I've sent her proof etc. so has decided to contact them..
CMS have looked at my earnings in 2018/19.. At that time I had a better paid job £39,000, but when checking what I earnt the CMS came back with a figure of £45,700.. I called them up to find out why and it turns out that they have included my company car.
Since this tax year I lost my job through the stress of dealing with the divorce.. I lost my house with £120,000 equity in it and have been saddled with all the debts that my ex accrued over the course of our marriage about £10,000.
I have now got another job and am on £35,000, when I told CMS they wouldn't review it as there is not more than 25% difference between the two figures (it's about 24%)..
However, as I lost my job I was out of work for about 3 months, so my earnings for the tax year 2019/20 will be around £30,000, so that is more than 25%..
I want to call them today to see whether they can review it as I simply cannot afford to pay based on the £45,000 salary.. How should I play it, should I mention the current tax years earnings and see whether they can review everything based on that?
yes I have read other cases from dads on here. they got stung for having a company car allowance, bonuses, over-time work etc.if you don't want to end up paying more maintenance then unfortunately you have to avoid these things like the plague.
recently CMS reviewed my income. they said all they got from HMRC is my income amount for 2018/2019 year (£25k). I told them my income for 2017/18 year was £22k, there has not been a 25% increase. they said no they don't make comparisons like that. they said the 25% rule only applies if theres income changes within the same tax year. so more fun and games to come as my self-employed tax year is end of march, and due to start a new permanent job in april.
25% of £45,700 = £11,425
£45,700 - £11425 = £34,275
not very sharp with numbers, but im guessing as your current income is above 34,275, then they will not reduce your maintenance??
Thats good. A common trick to say not enough nights, my ex did the same. I think you will be ok. If you dispute her statement and maybe helps if you have any sort of written evidence, i believe in the event of dispute, CMS revert to a default 52 days per year decision. So if you had your child 3 days and you ex said none, they would still revert to one day as the assessment award. Is my understanding and experience.