no worries, the freedom of information info is really good, I am sure that CMS would rather not have to share this, another poster increased to 36% with no questions asked, but I have got my facts ready, in case I get yet another man hating and non-resident parent hater on the phone, when I contact the CMS, as I generally do, assuming all fathers are trying not to pay etc
Regulation 71, 2012/2677 Child Support Maintenance Calculation Regulations 2012, deals with the issue of "diversion of income", in case your ex disputes, or applies for a variation, or if you just get a person at the CMS with an attitude
Case Law, DW v Child Maintenance and Enforcement Commission and (CSM) 19-02-2010, in case you want a bit of light reading
for info
Hi, apologies but I can't see the thread leading up to this. Would you be able to inform me if there is a way of increasing my pension above 12% so as to offset an unfair imbalance in my future payments?
The P60 that I assume the CMS are going to use to calculate my payments is overinflated by about 20% as I was hammering overtime the last financial year in order to pay off a massive bill (and bills of my ex-partner). The next P60 (and the ones after that) will show a drop in salary by 15-20%, but as I understand it this drop will not be taken into account as it isn't a "25%" drop? thanks
Hi Bruce Out, how old are you and roughly how long have you been paying into a pension
this will have a significant effect on the percentage that is deemed acceptable by the CMS own internal guidelines, which under a freedom of information request, is now known, much I assume to their annoyance
the 12% is a starting point and refers to a person in their early 30's, the two legal cases in this matter have clear instructions from the judge, on the "other" reasons that need to be taken into account
thanks for the reply
I'm 38. My pension contributions have fluctuated from 0% to 5% over the past 15 years but for the most part they have been 0%. But with a 5% contribution from my employer.
The 12%, 20% etc guide figures quoted in the CMS guidance doc I assume refers to my contributions + my employers contributions?
According to the government online pension calculator I stand to be in a pension shortfall of £18k if I continue to contribute 5%, depending on my retirement age. Even if I retire at 70 I'll still be in a shortfall.
Even if I up my contributions to 20% then I'll still have a shortfall when retiring at 70. Christ this is depressing.
OK I'm going to up my contributions to 22% (not including my non-pensionable overtime pay) and if its challenged then I have the data to back it up. That's if CMS even take a look at my pension contributions
Hi, so will increasing your pension contributions to 22%, take you over the 25% variance to request a recalculation? I have not included my employee contributions and see how that goes, at worst, you will take off their percentage
You have the back up of the calculator, showing a shortfall, even with the increased contributions, as I have, so I see there can be no challenge under S71 of diverting income and any request for a variation from the ex, should really be blown out at first request
let us know how you get on