[Solved] 60% tax

Hrm, I know the CMS is flawed in its day to day operations and can be incompetent, but to say "their opening gambit is that you are a no good father that doesn't want to pay for their children" isn't my experience. They are simply taking the facts, which you've stated are that you don't have overnight care, and applying the correct calculation.

Ironically though, you've proven that you are trying to avoid paying: you've stated you'll be diverting a large amount of income into a pension as you don't want to pay the legal rate of Child maintenance.

And if I was your ex wife I wouldn't hesitate to take you to tribunal if the CMS didn't act on a blatant diversion of income under regulation 71 of the child maintenance calculation legislation.

As with all cases there are different circumstances & perspectives for each. Some of what you say is true, and would for sure be correct in some circumstances.

In the situation of MWall66, I believe it is the case that the wife decided to end the relationship and catapult the family and himself into a crisis. Combined with being made homeless(effectively) and the fact that she has enough income to support the family, it very much becomes relevant that the level of money being paid in CM becomes above a level where it is needed to sustain the children and ensure they are well looked after. Whilst it is clear that MWall66 is still in a very bitter stage(many have been there), on the face of it he appears entitled to feel aggrieved and consider diverting income when there is clearly enough going into the ex marital home.

In common with my case, where I currently pay £600 per month for one child, my ex continues to tell anyone that will listen that I do not contribute, she will tell my children(i have older one too) that she has no money and to make sure this appears real, she spends zero on my youngest, to the point where it appears to be spite and to back up the 'your father is a b*****d' mantra.

So I think you are being harsh in this case, but that does not apply for all cases by any means......

That might well be the case, but then he would be better directing his anger at the family courts and law itself, rather than the CMS who are simply executing it.

In your case, you just need to remember that you can't control what your ex does - don't waste energy thinking about it or getting angry (easier said than done). My ex pulls all kinds of stunts, and also had to go to tribunal with her on CMS so have been there and know it well.

But stick to the rules, or you'll become the person your ex is claiming that you are.

To bring some perspective, [censored] right in one observation that I am bitter, but the reality is I am bitter now towards the totally unfair method of calculation that the CMS use to come to the crazy figure that a parent without care has to pay in some instances

Taking away the emotion, if this is possible with human feelings, as I have stated how can anyone, even closet CMS sympathisers, stand and justify that the CMS can take what they call income that a parent without care never gets to see, in my case car allowance and benefit in kind in a car, madness I need the car to do the job to pay the maintenance, so how can this be income

This my bitterness, I need to get on with my life as well as paying for my son which been between 705 and 540 per month a system of calculating that would only be justified by the same accountants that audit Brussels

I am not diverting income, section 71 is clear in the wording as is the direction of the judge in the two cases that are precedent in such matters and in my case any request for variation would fall at the first hurdle as I would be making the payments into my pension on line the above and FSA direction

My final point is the CMS and the way they calculate your income with absurd numbers, forces some people into this, whilst working within the code and spirit ot the CMS

Ps I spoke with the CMS today on separate matter, my opinion remains the same the clown on the phone talked to me in a manner that was not only rude but assuming and unprofessional

Good luck dealing with these people

One final point I was not only polite to the individual that I had the misfortune to speak to at the CMS today I thanked them for taking the call

Perhaps I have just been unlucky in my dealings with these people but a quick check on comments even just in this forum would indicate otherwise