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TOPIC: CMS and wrong salary.

CMS and wrong salary. 3 weeks 1 day ago #104865

Hi guys,

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?

Any help would be appreciated..

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CMS and wrong salary. 3 weeks 1 day ago #104866

My thoughts are they will want to wait until year end and then you put in a variation request, which will result in a much lower payment next year which takes into account the overpayment this year.

Otherwise I do not see they will have the written evidence they need to make that decision now.

They are a machine(in general) and follow processes and rules. Also I think if everyone reassessed when they lost jobs, didn't get a bonus etc, they would grind to a halt with all of the extra work.

The above is based on my experience with them, I could be wrong and is always worth picking up the phone and seeing if you can be lucky to find someone knowledgeable and friendly.

Good luck, I understand the problems this can cause......

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CMS and wrong salary. 3 weeks 23 hours ago #104878

hi,

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??

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CMS and wrong salary. 3 weeks 11 hours ago #104884

As Bill said, you are not far off the 25%. Maybe put a bit in a pension for a few months to take it below the 25%

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CMS and wrong salary. 3 weeks 11 hours ago #104885

Hi guys,

Thanks for your replies..

I spoke to them yesterday and told them that I was currently on £35,000 but I was due to earn £30,000 this financial year.. She asked me to upload my last 3 payslips, so touch wood they'll review it..

I also have them every other weekend so 52 nights a year.. My ex has told them I have them 44 nights a year, just so I'm under the threshold to get a discount..

How can I prove to them that I have them 52 nights a year..

Cheers,

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CMS and wrong salary. 3 weeks 9 hours ago #104887

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.

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CMS and wrong salary. 3 weeks 5 hours ago #104890

hi,

yes this is what it says in CMS booklet. if there is dispute about number of nights, they will default to 1 night a week. best way to deal with this is to get a court order and send to CMS.

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