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TOPIC: CMS and the Child Support Act

CMS and the Child Support Act 1 week 2 days ago #98211

Ex got in touch with CMS in Feb 2018 and I received my 1st annual CMS review early Feb 2019. They picked up a personal injury settlement I received from my employer in 2017. My weekly payments jumped from 70£ to 252£. I tried to look into the The Child Support Act and couldn't find any mention of Personal injury settlements being outside of the scope of the CMS.
My problem at the moment is that this settlement barely paid off my solicitors and the credit card debts I incurred after 18 month of unemployment. I cannot pay this amount and I am now in arrears plus my CMS appeal will take another 6 weeks apparently. I am wondering:

Is there any legislation that governs the CMS in detail? (procedures etc..)
When will the CMS start enforcing the arrears?
If my appeal is rejected will I be retroactively charged 252£ per week from Feb 2018?
When will my current salary (the one on which the 70£/week is based) override this 2017 personal injury settlement?

Many thanks all!

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CMS and the Child Support Act 1 week 2 days ago #98213

I am no expert in terms of your issues, but have been on the receiving end of my ex's games.

I believe with 2 months pay slips showing more than 25% less, they will reassess. Plus you must not be over the 25% by end of year too. Otherwise a back assessment in her favour.

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CMS and the Child Support Act 1 week 2 days ago #98223

  • Mojo
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Here’s the 2012 CMS regulations, hopefully you might find something useful

www.legislation.gov.uk/uksi/2012/2677/pd...122677_301114_en.pdf

Best of luck

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

CMS and the Child Support Act 1 week 15 hours ago #98250

Thank you Hrabitt and Mojo!
Just wondering if anyone has experience as to when the CMS starts enforcing arrears? (after my appeal of the annual review?)

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CMS and the Child Support Act 1 week 12 hours ago #98252

Once they have assessed you as owing arrears, you will get a letter with the new monthly amount, which includes the arrears added per month as an average over the remainder of the CMS year.

So if you owe £1000 and have 10 months of the CMS year to go, they will add an extra £100 per month on top of the correct assessed amount.

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CMS and the Child Support Act 6 days 20 hours ago #98254

Cheers HRabitt!

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