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!
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.
Here’s the 2012 CMS regulations, hopefully you might find something useful
http://www.legislation.gov.uk/uksi/2012/2677/pdfs/uksi_20122677_301114_en.pdf
Best of luck
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?)
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.
Cheers HRabitt!