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CM payments and war...
 
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[Solved] CM payments and war disablement pensions

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(@Fkedofffather)
Active Member Registered

Hi, I currently receive both a salary from a full time job and also a war disablement pension through active military service.

The CSA website says that if in receipt of the war disablement penion then i should only pay flat rate £7pw CM. I currently pay a lot more throught he calculate and collect service as the ex wont accept direct payment. I paid directly since separation but she wanted more and more and wont accept the same amount diretly. in a few weeks i get hit for the extra 20%. that will bankrupt me.

I'm part of a hideous case thats involved many arrests through false allegations, false imprisonment etc. There is just no dialogue with her and shes breaching court orders for contact so havent seen my 19 & 42month old sons for 13 months.

advice appreciated re CM payments if anyone has experience.

Quote
Topic starter Posted : 08/05/2014 2:09 pm
(@daver)
Noble Member Registered

If you recieve a war pension or invalidity pension from MOD then it is not included in calculation.

If it is tax free its not included.

Regards,

Dave

ReplyQuote
Posted : 08/05/2014 5:38 pm
(@Fkedofffather)
Active Member Registered

If you recieve a war pension or invalidity pension from MOD then it is not included in calculation.

If it is tax free its not included.

Regards,

Dave

Hi Dave - but does that mean with the remaining pay I still have to Pay CM as the online calculator says before i even enter my salary i dont have to pay...?

ReplyQuote
Topic starter Posted : 08/05/2014 5:48 pm
(@daver)
Noble Member Registered

Good point...

Is yours a "war pension" administered by Norcross? i.e. Injured on active service or Invalidity administered by....what was it....Infinity paymaster??? for an injury attributable to service but not on active service?

If its a "war pension" rather than "invalidity" then you do not have to pay as it exempts you.

If its "invalidity" then you have to pay however the pension is not included in the calculation.

I hope that helps, if not I can dig out some better info as the above is from the top of my head.

Regards,

Dave

ReplyQuote
Posted : 08/05/2014 7:03 pm
(@daver)
Noble Member Registered

more clarity to my ramble.....if its war disablement penion then you only pay the flat rate £7pw....no more.

Dave

ReplyQuote
Posted : 08/05/2014 7:05 pm
(@dadmod4)
Illustrious Member

As far as i am aware, the CMS are using collect and pay for all payments because there's no charge - I think once the charge hits, you can insist on direct pay and they will only put you back on collect and pay if you default.

ReplyQuote
Posted : 08/05/2014 11:22 pm
(@Child Maintenance Consultant)
Noble Member Registered

Hi

Firstly it is important to be aware that fees and charges will not affect cases currently administered by the Child Support Agency. Fees and charges are only being introduced to cases managed by the new Child Maintenance Service. If your case is currently managed by the Child Support Agency you will not be affected by the introduction of fees and charges.

When the fees and charges are introduced, parents will be able to avoid ongoing fees by selecting to pay via Direct Pay. Direct Pay is where the Child Maintenance Service works out the amount of child maintenance a paying parent must pay but both parents agree between themselves how and when the paying parent will pay the receiving parent direct.

At the moment, both parents who use the Child Maintenance Service need to agree to Direct Pay. When charges and fees are introduced later in the year, however, the law will change so that either parent can choose Direct Pay without needing the other parent to agree. This will ensure that in most cases both parents have an equal opportunity to avoid ongoing collection fees.

The Child Maintenance Service will not force a paying parent to use Collect & Pay – and therefore incur collection fees – without a good reason, such as if the paying parent has missed any payments. Provided that you have a good payment history and no record of enforcement actions having been taken against you it is likely that you will be allowed to pay directly, without the need for the consent of your ex-partner. This is why it’s more important than ever that you pay voluntarily, in full and on time now.

The Child Maintenance Service will consider all your income – your salary as well as your pension – when working out your child maintenance amount. We can’t comment on individual cases here, so you may be best talking to someone at Child Maintenance Options for guidance and support on 0800 988 0988.

I hope that helps.

William

ReplyQuote
Posted : 23/05/2014 4:28 pm
(@dadmod4)
Illustrious Member

Hi William - can I add a further question to this? My ex currently pays the minimum as a direct deduction from her benefits - any idea how this will work with CMS (probably won't affect me as my case will probably end before CMS transfers my case).

ReplyQuote
Posted : 24/05/2014 11:43 pm
(@Child Maintenance Consultant)
Noble Member Registered

Hi,

Where a current method of receiving child maintenance is by direct deductions from the other parent’s benefit, the situation can change when the case is due for closure if a case is opened with the Child Maintenance Service.

If you cannot agree a family-based arrangement and you wish to use the services of the statutory child maintenance scheme, it offers both parents the opportunity to opt for Direct Pay as the method of payment.

If the other parent wishes to use this method and as long as there is no history of any missed payments or issues with payments in the past this method could be the best way. However, there is a safeguard in that if the other parent misses a payment then the case can be brought into Collect and Pay and the deductions from benefit method reinstated, but this will incur collection charges payable by both parents (4% for the resident parent and 20% for the non-resident parent).

Parents will be contacted six months in advance of the closure of their existing case to allow them the opportunity to access the support services and consider their future child maintenance arrangements before deciding whether or not to apply to the Child Maintenance Service.

I hope this answers your question.

Thanks

William

ReplyQuote
Posted : 25/06/2014 7:42 pm
(@Geo74)
Active Member Registered

Can you let me know what the situation is as I'm in exactly the same position. I have a job and get a war disblement pension. I did the same calculator and it won't let me I put my wage it just says because of the pension she will get a flat rate. Thanks

ReplyQuote
Posted : 05/04/2017 1:47 pm
(@Darren3112)
Active Member Registered

Can anybody answer GEO74 abvoe questions as i know loads of Fathers in this position asking the same question?

Thanks Darren3112

ReplyQuote
Posted : 27/04/2017 4:48 pm
(@dadmod4)
Illustrious Member

to the best of my knowledge, if you are on certain benefits or pensions, you are assessed at the flat rate whatever your other income is. You could give the CMS a call to check this out.

ReplyQuote
Posted : 29/04/2017 11:51 pm
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