Hi, does anyone understand what should be included in the income calculation for CM, particularly pension in payment. On separation I paid well over the CMS calculation to include mortgage costs for the family home. In the divorce settlement, my ex got significantly more than me due to declaring she was on limited salary and had the 3 kids all the time. This included a total capital split of 75% to her and a split of my MOD pension in payment of 50% to her, even though we weren’t together for half the time I was lying into it. She can’t take her part of the pension until she’s 55, but it was split and held by the pension provider for her. Because of the split I took an immediate drop in my pension payments of approx £5k a year. One of the children lives with me full time, has since the split, the other two about 3 days a week and half holidays. She still claims the full payment in working tax and child benefit for all three assuming that they are with her. As my pension was split as part of the divorce settlement (massively in her favour as I couldn’t afford to pay any more solicitors bills to fight it) should this be included in my income for CM calculator as surely this would be double dipping as she already had her cut of my pension as part of the divorce settlement made at court?
Would appreciate any advice or guidance on who to ask.
CMS are really only concerned with your current income, and not anything that was decided in the divorce settlement, so I'm afraid that your pension split from age 55 isn't relevant, until she starts receiving that pension, at which point that's classed as an income, and and CMS claim you have against her would be based on her income.
It might be worth working out exactly how many nights your other two stay with you each year - it could be equal care.