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It's mind boggling the RP can have either a good salary or low salary, benifits, high CMS to live a better life than the NRP.
It just fuels NRP alienation.
I get some NRP may earn good money whilst the RP is in poverty, and yes they should pay more to balance out.
Some element of means testing is needed, and a maximum payment established. As an example my CMS is £800/month. That leaves me £1400 of which over half £800 is rent! RP has £400 mortgage, lives with her partner (salaries £3200+/month + tax credits + child benefits + the £800 CMS). Total net household income around £4200/month!
How can a NRP compete or even live when this happens ?
CMS also needs to be AFTER tax, NI etc. How can it be right to base payments on money you never see as it goes straight to HMRC?
There definitely does need to be some account taken of income on both sides, though there is a problem if the PWC moves on and doesn't have his.her own income - should the new partner be expected to pay for a child that isn't theirs, especially if they might also be supporting their own children?
With regards to the tax, CSA was originally based on net income, rather than gross - I'm not sure why they changed it (though when they did, they lowered the percentage), I'm guessing it may be down to people reducing their income after tax when they were able, so avoiding child maintenance.
The issue is that there is no one systen that covers all eventualities, and the courts simply cannot deal with every individual case.
What is needed, as well as a better solution, is greater penalties for fraudulent statements, including claiming child benefit when it should no longer be paid.
Sorry, only just seen the reply to mine from some time back......I am not on here much these days.
Everything everyone has said makes sense, including that it is impossible to come up with a solution where everyone is happy.
Most workable may be as another said, fixed price maximum per child, which is payable by those that can afford it, graded down for those that cannot. But at a realistic level.
From my perspective, my head scratching with CMS continues. I cannot work out how they reassessed me mid last year and the calculations they used, but you can no longer get to speak to anyone to ask!
I sit here now, waiting for the result of my annual assessment not sure where they are going to find it(I have some complexities) plus with the knowledge my ex is now switched on to knowing she can claim on my assets too at 8% of their value.......
Crazy!!
@actd Not really, I try and put as much salary in as I can, I am not sure how assets would work.
It does not add a huge amount compared to income award, it is more a frustration that when someone pursues for as much as they can get, when they are better off financially than you are, but can also increase this using assets as a reason, it is frustrating.
RP gets big share of divorce settlement and buys a mortgage free house, NRP rents and keeps assets for rainy day and finds they can be used against him.
So not so much trying to solve my situation, just adding to the frustrations shared within this post about mainly the NRP not needing as much as they get, because they are fine financially, but harming the prospects of the NRP by wanting as much as they can get......
I assume using it to buy a house at the moment isn't feasible?
The principle isn't unfair really, it's the 8% that is just totally unrealistic and has been for years - linking it to bank of England base rate would be much more sensible.
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