[Solved] claim from

Did you notify them from the date of the claim that you were out of work? I would say they should be using that rather than your past salary, certainly from when they were notified.

Yes they have had all the information I am hoping the tribunal will over turn the decision as its so wrong the evidence is there in black and white yet they are now enforcing it from my wages , my question is can they use the wrong tax year ? Because that's what they have done , just hope it gets back into tribunal very soon but Covid-19 is delaying everything unfortunately my ex partner lied to them but they seem to of sided with her even though its wrong.

What does it say on your paperwork? It will tell you on you paperwork what tax year the CMS have used.

They have used 2016/2017 but the issue is my daughter was born jan 2017 the claim is from may 23rd 2017 I don't understand how they can use 2016/2017 tax year when she was born jan 2017 but claim 23rd may 2017 that tax year would be 2017/2018 I was unemployed for most of it that shows on my p60 surely the court can amend this ?

Doesn't matter whattax year they used, they are always a year behind with most cases. My annual review is in April, so they tax year ending in the previous year is mostly used.

They will always use the most up to date P60, and at the time of your case opening (May 2017) the most recent P60 available would of been from tax year 2016/2017. Its on you to let them know if you are currently earning less (see note below)

Lets summarise a little:

Start of case May 2017 - Reviewed on 2016 - 2017 tax year

You say you were not working most of 2017 - did you let them know this at the time you were unemployed and your income dropped by more than 25%? If you did not they would carry on using your 2016 -2017 tax figure.

Annual review May 2018 - What did they use this year?

Annual Review May 2019 - what did they use this year

Annual Review May 2020 - what was used this year?

Sound to me like you did not tell them that you were unemployed in 2017, as a result you have built up arrears.

Yes they were notified of every change but because my ex partner lied to them saying I was working they took her word for it ! The child maintenance officer even admitted in court they overlooked several letters, The judge adjourned as she could judge as previous judge has retired so waiting for the whole case to be looked at again . the whole system is. a joke spent hours on sending all the paper work in . Im March 2018 I was employed told them change of income and still getting wrong they have not taken pension into account either . I still can't see how they can not correct the figures as I have supplied p60 for 2017/2018 there would be no arrears if they used the correct information , surely they can not use 2016/2017 as she was not even born in 2016, as I have said the claim is from May 23rd 2017 so they should. use the correct figures hope the new judge sortes it out, The officer did say I had supplied everything but child maintenance can't amend anything unless the courts do . unbelivalble my income was £2200 2017/2018 but they used my employed figures from previous year .

.... but child maintenance can't amend anything unless the courts do .

Seriously? So they can make a mistake, but they can't rectify it themselves? I would definitely raise a complaint about this.

Are you self employed?

If your out of work you are out of work. When I left my last job I sent them my P45, job done. My ex did try to say I was lying but they could see she was lying as I signed onto benefits!

have tried to, banging my head against a brick wall they are useless every time we call they say something different anyway just hope it gets sorted once back in court , it should have been heard this month but with Covid-19 it will be a long wait I guess.They even had my proof universal credit but still will not change it , they say it is down to the court.

I was employed uptown Jan 27th 2017, then laid off due to work drying up , so I managed to get a little self employed work and I mean very little , then that dried up so I had to sign on I never done that in my life , as I have said they have had all the evidence but all I get from them is you have to pay all the arrears until another hearing in court my worry is I will not get back what I have over paid I always pay direct pay never once missed a payment , the arrears they say are from 2017 when they used all the wrong figures from my ex partner. Now they are taking it direct from my wages I complained as i never missed 1 single payment but they say I have to pay until the court decided the put come even with all the evidence they have now said a finance officer will be there I am glad as I have done nothing wrong everything is declared and accounts shown from my accountant at the time.