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Cms with limited company

 
Silo
 Silo
(@silo)
New Member Registered

Hi Everybody hope your all keeping well ?

im new to this group so hoping for some good assistance for my situation.

firstly il tell my story in brief,

seperated from my ex about 10 years ago, 3 young kiddies too which I have over night for 1 day every wk end . I help with school uniforms and clothes etc when needed.

ive always worked and paid for the little ones and paying her our agreed amount every month by standing order.I’m now happily married of 5 years and I have my own company for around 2.5 years now.

my ex all of a sudden has applied to cms. I have the usual forms stating I have 14 days to clarify the information they hold from hmrc of which my accountant has submitted.

it is a limited company and I have a 50/50 business partner and we are both directors. So our salary is £12500 approximately per annum.

we also then pay ourselves dividends depending how things go obviously and what expenditures are needed to run the business throughout the year

the form is showing my £12500 only,,,

I also have 37k in dividends last year as we did ok,,

as this was last year ie, my self assessment had to be in by 31/1/ 21 

obviously I don’t have a crystal ball and can see how well this year will be!!

we are only in the second month of this financial , They are saying my payments will roughly be £198 per month just going on my £12500 threshold salary which is about half of what I’ve been paying for years which we agreed ourselves.

 

So basically she is just trying to get more money out of me , if she applies for a variation or can they use my last year’s dividends even though the claim has just been made 7/5/21,

surely this can’t be correct as that money in dividends has now been spent as my earnings for last year,

Sorry for the long post guys and appreciate any help.

pls feel free to comment if you can help me.

 

Quote
Topic starter Posted : 08/05/2021 12:17 pm
Yoda
 Yoda
(@yoda)
Famed Member

Hi I'm not very up on CMS calculations I'm afraid, one of our other moderators or members are likely to know more. 

It's likely at some point, your dividends will be taken in to account in the CMS calculations from the information I can read on their website. 

Have you spoken to CMS or Child Maintenance Options to confirm this? 

ReplyQuote
Posted : 09/05/2021 11:54 am
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