[Solved] Child Maintenance and Commission

Hi, i am a divorced Dad with one child living with my ex. We did go into the CSA for a while to calculate payments but she got bored and decided to just agree it between us. I now have a job that has a commission element to the package and she wants a slice of the pie. I always adjust my monthly payment to my ex if my fixed income changes but now with commission this could mean changes on a monthly basis. My plan is to keep any increase and put this in to a bank account for my child that can only be accesses by joint signatures from myself and my ex and give her visibility of the statements. I know this will create a massive issue in her world as she will want the money (and she has remarried and they are both in good jobs so its not that i am keeping extra food off the table!) but i want the money to go to use with my child in later life and not be 'lost' as a bit extra each month. She will want to go back into the CSA to take control so i am looking for any advice from out there on this position. I know the CSA has changed and you need to go to mediation before they put you back into the CSA and then they take 15% i think as well.

Any advice would be much appreciated. Thanks.

Hi
You do not need to attend mediation in order for you, or your Ex, to begin a claim with the CMS. One of you can just phone them up (by calling CMOptions, first).

With regards to your commission - the CMS will take this into account (especially if they are told about it by your ex) - but there are various ways in which commission could be paid - but assuming it is a variable payment, appearing as part of your gross income - then the CMS are suppose to take an average weekly commission (over the previous 12 months of earnings) and add this to any non-variable (weekly) gross income.

Paragraph #38 applies to you under the legislation for the new CMS scheme
http://www.legislation.gov.uk/uksi/2012/2677/pdfs/uksi_20122677_301114_en.pdf

The calculation under the new gross system is a bit more complicated that the old net system. Now, 12% (of weekly gross income up to £800, and then 9% for any amount over that (up to the threshold)) is taken for 1 qualifying child. But there is also shared care to factor in. You can use the calculator here

http://www.cmoptions.org/en/calculator/

To estimate any maintenance payments.

hope that helps.

Hello Therebedragonsoutthere

With you having a family-based arrangement in place you may wish to speak to your ex-partner regarding your payments and what would be taken into consideration when calculating your maintenance payments. Although family-based arrangements are not legally enforceable, parents can decide the terms of their agreement to suit their current circumstances, as there are no strict rules or formulas to follow. It can include money and other kinds of support, for example providing clothes.

The Child Maintenance Options website has a useful tools and guides section that you and your ex-partner may find helpful when trying to negotiate your family-based arrangement. This can be found at http://www.cmoptions.org.

Just to make you aware that the Child Support Agency (CSA) no longer take on new applications, anyone wanting to use the service of the Government's statutory scheme would apply to the Child Maintenance Service. As TashasHideousLaugh as mentioned, you do not need to attend mediation before an application is made to the Child Maintenance Service and either parent can make an application to them.

The Child Maintenance Service uses the amount of gross income given to HM Revenue and Customs (HMRC) by a paying parent, their employer or their accountant to work out the average amount of earnings, or, where the paying parent is self-employed, their taxable profits. For every case, the gross income figure will be reviewed each year in order to take account of newer income information given to HMRC.

If during the year earnings from employment change temporarily from week to week due to overtime or bonuses, this usually would not make a difference to the amount a paying parent must pay in the 2012 scheme. But if there is a more permanent change to current income and this differs from this by 25% or more from the income figure previously used then the paying parent can apply to have a temporary new calculation put in place. They will need to provide evidence for this but, if successful, the new calculation will usually apply at least up until the next Annual Review.

I have included a link on how the Child Maintenance Service works and how they calculate child maintenance that you may find useful, https://www.gov.uk/how-child-maintenance-is-worked-out/how-the-child-maintenance-service-works-out-child-maintenance.

For more information on all the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website.

The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation.

Regards

William