[Solved] Child maintenance - It seems so unfair

Will do good to know there is support out there

As the saying goes [censored] goes uphill or is it down / Guess at the end like my situation that I paid and calc more CMS and what my x was not happy what I pay at present is less because over calculated but I will not be allowed to get into debt by her also have had no contact with the children for a year constantly uses the children against me took me 8 months / 12 days of not eating barely sleeping etc but woke up and said sod all this wake-up smell the flowers the truth will come out at the end of the day!
Stick with it plenty of help and esp if you have got good friends worth a fortune.

Thanks DJ, I absolutely agree. friends are worth their weight in gold, my ex has done exactly the same, email from my sin in her email address, out of the blue, not want to see me anymore, always been amazing relationship, that day ex contacts CMS for another £100 per month, "coincidence"?

will update on how I get on with the CMS and my increased pension contributions to reduce what I pay

Another unfair element is the way that CMS assess CM award based on gross income, but ignore the effect of tax and other factors on the net received.

I have some shares accumulated over a 5 year period with the company I work for, but once a huge slice of tax, employer NI, plus other complications is removed, I end up with a net figure, which my ex has more than half of. So she gets more than me! It is because she gets 9% of the gross amount, but as the gross amount pushes me over the 25% income threshold for reassessment, she also gets another 9% for back award in the current year. It would be much fairer if she received a percentage of the net. As it stands she gets 53% of the net amount, but it is based on 9% of gross!!!

I also saw a previous post, where changes to landlord rules means the ex gets 9 or 12%(depends on number of children) of the gross rental income, but ignoring that the cost of mortgage is taking a huge portion of this. There could be a case where the ex gets more than the profit available after costs - it is ridiculous and needs changing.......

I know, it is just crazy, look, people split up, it happens, but the way that the CMS is set up, is beyond unfair, my ex and how many ex partners, first threaten with using the CMS, if this doesn't prove that they know it is against fathers then what do they need?

I am giving up my car and buying one, I do not see the present car allowance as goes straight to the car, but she gest her share of that and in another crazy decision, she gets a slice of the BIK on the P11D !!!!!!! what moronic little civil servant, sat behind a desk, thought up that little gem, your ex gets a percentage of something you never see

I work my bits off, to have some sort of life and try and get on, I have a bonus due in January, but sorry, that is why I have looked into the pension increased contributions, it is the only way to protect what I have worked for and after tax, NI and the ex getting a slice, I am left with next to nothing

I know people that have given up their jobs, as the CMS has persecuted them, for what, daring to split up from their partner and try and juggle paying for their children and making a life, as life does go on, even though the CMS would not believe that

Rant over, the only way that the non-resident parent can get on with their life, is unfortunately to take a step back, take a breather and spend their valuable time, in exploring how they can best protect their future and that of any children, a working father, not a suicidal person giving up, is more important and with effort, you can research and put those little men hating people at the CMS in their rightful place

MWall, absolutely this! Before I made the leap into self employment I received a car allowance, which as you say, my ex got a slice of! I toyed with the idea of taking the car instead to avoid this, but never would have factored in CMS taking a share of the BIK...absolute madness!

In the 12 months prior to the CMS getting involved I worked away a lot from Monday to Friday and I received a healthy increase in salary for my trouble. This stopped shortly before CMS were involved but they still used these extra earnings in the calculation. So the calculation was effectively based on money I wasn't earning, as it didn't equate to a 25% change they wouldn't look into it! Honestly, when CMS get involved there is absolutely no point in trying to work hard and earn more money.

Hulsy12, what can I say, the way my company work is you get the car allowance in your salary, but automatically set off against the monthly cost of the lease, but the CMS take the £6.5K as income, I NEVER SEE IT, I need the car for work as drive over 40K miles per year, then to further kick you in the privates, the BIK is circa £10K, she gets a slice of this, as the moronic little civil servants at the CMS, have decided this is also income, defies any reason

On top of them taking your gross salary to start with, but as I said previously, there is nothing we can do, I have paid every month for 10 years, never missed a payment, took my son on holiday, paid for extra's when asked, monthly payments have ranged from £700 plus per month, to now £540, but to increase by £100, because my ex has decided I will not be allowed to see my son anymore, only to get the extra £100, the whole thing is so anti parent without care

So I am left to give the car back and take a loan to buy one, off-setting the car allowance against the monthly loan costs, but at least she will not get the £1K per year against the BIK, increase my pension contributions, leaving just enough to live on, to further make monthly payments affordable, but even doing this, ex will still get £300 for one child

Did keep me awake at night, but focussed all my energy into using the system to the best advantage, not to stop paying for my son, but to allow me to pay for my son and have some sort of life going forward

good luck my friend

Before I start, I will admit I know virtually nothing about BIK on company cars, but it is different for company vans, so is there a benefit in having a company van instead of a car? Bear in mind though, that the definition of a company van isn't so obvious, so quite a number of double cab 4x4, for example, are classed as commercial, so gives you more choice (though you may also find that the legal speed limit is lower for some of these).

Hi, its a very valid point, the BIK on company cars is very straightforward, the P11D will show the value of the car and you will get taxed on the benefit in kind for tax purposes, although now, omissions, electric and hybrid are taken into account

most companies, if you opt out of the scheme, take the allowance and avoid the BIK, will insist on certain conditions, be it petrol or diesel, but nearly always a 4 door car, suitable for business purposes, so if seeing clients etc, a van would not be possible with many, if not most employee schemes

There really is no way out, except to take the company car and get hit with the BIK at your annual review, you could look to increase pension payments if you are in the position to do this, or give up the car, take the allowance, get tax and NI in the normal way, but not the hit for the benefit in kind

this really is one, if not the most unfair parts of the CMS calculations

most companies, if you opt out of the scheme, take the allowance and avoid the BIK, will insist on certain conditions, be it petrol or diesel, but nearly always a 4 door car, suitable for business purposes, so if seeing clients etc, a van would not be possible with many, if not most employee schemes

Some vehicles still class as commercial vehicles for BIK, even though they aren't obviously commercial only, so things like the Ford Ranger or Nissan Navarra are still 4 door, but could be covered, as I understand it - you do have to be very careful which vehicles are covered and which (as above, I believe the Ford Ranger is eligible, but the Raptor version isn't)

Agreed actd, I just know from my experience that companies are now very clear on the sort of vehicle, even down to it being a saloon or estate

Devil will be in the detail

Agreed actd, I just know from my experience that companies are now very clear on the sort of vehicle, even down to it being a saloon or estate

Devil will be in the detail

Will take your word on that 🙂 I haven't had a company car for over 30 years, and it was vastly different then.