[Solved] Annual Review - Help

As far as I'm aware this is the case... A very rare occurrence, where the receiving parent isn't the one to benefit from the rules!

Thanks for the reply, having researched it a bit more this morning usin the CMS direct website (I now have online access to my case on the CMS website - I didnt know I could do that!), here is the link https://childmaintenanceservice.direct.gov.uk/site/public/individual/gb

Anyway on this site it confirms that when they calculate the annual reassessment it must be >25% different for them to change the assessed amount.

I agree, it is the ONLY situation that I have seen with this service that favours the paying parent (though god help any poor bloke who loses his job and takes a pay cut of just under 25%......).

Yes and we've had members that have taken a hit on salary but not enough to get it reduced on review....I wish there was a fairer system and I really do think that in this world of equality both parents income should be taken into account!

I think the biggest problem is that the calculation does not take into account the childs actual needs, and where the money should come from to support those needs. Its simply a % of absent parents gross income. As I have a decent income I effectively have to pay my ex Wife a small salary (made worse by the fact this is after she had an affair and took my daughter with her to live with her new man). It feels very unfair to me, I want to support my child financially but cant see how paying my Ex double what she needs for my daughter can be justified. I also have the honour of a 170 mile round trip to pick my daughter up, and another 170 mile round trip to drop her back off. So I cant see her as often as I would like (thus losing out on a shared care reduction).

Hi mate

I have just looked into this as i have a case with CMS and i had my review back in April this year and my monthly payment went up by just over £13, i think what they are saying is that if your salary does not change by 25% either way in between assessments then you do not have to inform them, my understanding is that if you do get a yearly pay rise then yes when they come to do the review then it will go up slightly every time a review is done, are you under the impression that your payment will stay the same until you move to a new job? As far as i know the payment will go up each review if you have a yearly pay rise

THIS IS ONE PART OFF THE SITE

Every 12 months, we look again at your gross weekly income to see if the amount of child maintenance should stay the same, or if it should go up or down. We call this the Annual Income Update.
The Annual Income Update period lasts for 30 days
During this time, we check to see if the gross weekly income figure we use when we work out child maintenance has changed.
If it has, we will make a new decision on the amount of child maintenance
We tell you and the other parent our decision, and send a child maintenance statement for the previous 12 months.

THEN THIS IS ANOTHER PART

We compare the HMRC income figure with the amount of income that was previously reported to us by you, your employer or accountant. If this income amount is still at least 25 per cent different to the new figure from HMRC, the amount of child maintenance won't change.

If there is less than a 25 percent difference, the income figure from HMRC is used to work out the amount of child maintenance to be paid.

If the Annual Income Update happens at the same time as the Periodic Current Income Check, then we may ask you for new evidence of gross weekly income. This income figure will then be compared with the new income information from HMRC.

would this then include mileage claims?from the employer?

Do you mean claiming back mileage from your employer for using your own car? If so, then I don't think it would count as it's not taxable income, nor is it a taxable benefit.

Hi mate

I have just looked into this as i have a case with CMS and i had my review back in April this year and my monthly payment went up by just over £13, i think what they are saying is that if your salary does not change by 25% either way in between assessments then you do not have to inform them, my understanding is that if you do get a yearly pay rise then yes when they come to do the review then it will go up slightly every time a review is done, are you under the impression that your payment will stay the same until you move to a new job? As far as i know the payment will go up each review if you have a yearly pay rise

That is what I was expecting too, however my reassessment has been done, and the amount to pay has not changed even though my gross salary has increased (but less than 25% to last year). When I looked into it it does say on the CMS direct website that it will only change if there is >25% difference to the salary used to calculate the original assessment. But I had to look hard to find this. The CMS do not communicate this very well at all in their information booklets - which is ridiculous as it is very important to those of us having paying to support our children through the CMS.

when you think about it, this is illogical:

We compare the HMRC income figure with the amount of income that was previously reported to us by you, your employer or accountant. If this income amount is still at least 25 per cent different to the new figure from HMRC, the amount of child maintenance won't change.

So, if I had a mammoth pay rise that is more than 25% from last years figure - they wont change the amount of child maintenance?? That doesn't make sense at all!

when you think about it, this is illogical:

We compare the HMRC income figure with the amount of income that was previously reported to us by you, your employer or accountant. If this income amount is still at least 25 per cent different to the new figure from HMRC, the amount of child maintenance won't change.

So, if I had a mammoth pay rise that is more than 25% from last years figure - they wont change the amount of child maintenance?? That doesn't make sense at all!

NO! 25% increase - mammouth payrise WOULD lead to an increase. 22% would NOT