I have had a private agreement in place with my ex for 4 years, I paid the mortgage and maintenance for 3 years whilst the house was on the market. When the house sold my work circumstances also changed and my wage reduced as I went from Hourly to salary.
I was paying £600 per month and had my 2 children twice a month. I went on the CMS calculator and found the payment I should be paying was around £400 per month but I continued to pay £450 thinking I had the children's interest at heart.... more fool me!
She then decided to get the CMS involved!!! Then it went sooo wrong...... Firstly they said that i was overpaying and I should reduce it to £415 so I did , that then started a pitch battle with my ex! She wanted more and more. This caused problems with my eldest daughter who now no longer visits me! So that was another way of making more money!
My payments went up, however nobody informed me I could take my step son into the equation! So I notified the CMS and they informed me that my payments were correct at £415.... Roll on another 12 months come Sept 2014 when I had my review suddenly they want £575... My salary hasn't changed but they say I am in the 25% category I simply can't afford the extra... I have recently moved and am now travelling over 800 mile round trip to collect and drop off my youngest daughter. Which costs me £100 in fuel and 2 day of work per month.
This is causing stress in my new marriage and think this is actually just a game to her! I have tried to reason with her but she isn't interested. She Works 2 nights a week and claims for everything. We worked out with all the benefits she gets with my contribution she earns nearly £3000 per month!
This surely cant be right??
I am thinking I have no option but to pay it and not see my daughter at all as I cannot afford both.
Can anybody help as the CMS are one sided......
I have found out they take your company car into the Gross Annual Salary ( before Tax) simply cant afford it 🙁
Hi,
I have a friend who got his company car payment removed from his payments. Apparently there is a case where if car required for work it was deemed not to count.
Perhaps someone on here knows it for you to refer to?
If not I can ask him.
Regards
MH
I'd ask them to explain what they mean by the 25% category and how they arrive at their calculation? The CMS base their calculation on Gross pay, and for 2 children, it should be 16% (equates to around 20% of net pay, depending on your salary) and that's before the reduction for your step child.
I think the reference to 25% is that they can make an error but as long as it is no more than 25% out then you are unable to contest it. Basicaly they are allowed a 25% margin of error with no recourse.
Worth looking into and confirming my understanding though.
Regards,
Dave
Thanks MH that would be great if anybody could clarify, my car is my tool box on wheels, without it I couldn't work!
Thanks actd for your reply,
I am so confused by all this and sometimes feel they are simply trying to take you for as much as possible! I am not a materialistic person but this is now restricting my access to my daughters and putting serious financial strain on my current relationship..
I'd ask them for a written explanation, but it might also be worth having a word with your MP to raise a complaint.