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I divorced 2 years ago after my ex had an affair. My youngest daughter lived with me until last Nov when she decided to move in with her mother. I offered maintenance based on my base salary, but my ex refused this and within 2 days of my daughter moving out i received a letter from the CMS. They based their calculation on my gross salary, which includes discretionary benefits (bonus and shares) received each March. During my divorce the shares were argued by my exes solicitor as being equity, and she wanted half of all of them. As they are held for 3 years before being sold (and they are taxable so they appear on my P60), I agreed to pay her the money in staged payments for 2 years following my divorce. My question is this - is it right/fair for me to pay CMS on money I have had to give her during the divorce, ie money SHE argued was equity but is now being considered income? The CMS think so, and it equates to an extra £1k per annum for my ex, effectively a tax on money already given to her.
PS this was all documented in a consent order, which i sent to the CMS, who werent interested.
PPS the CMS person refused to send me a letter confirming their decision - how can this be right?
That's not one that's come up before, so I'm not sure of the answer, but I'd certainly continue the argument that only half of the shares should be assessed. I would put it in writing to them that you want a decision in writing, and raise a complaint about that if they don't. This may help -
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