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I've been paying child maintenance as the relevant CSA % of net earnings. My ex and I are now being migrated from the CSA to the CMS. She is refusing to agree any maintenance figure with me directly and will almost certainly ask the CMS to make an assessment in the mistaken belief that I will be hit with a 20% surcharge (a 4% loss is worthwhile win to her compared to a 20% surcharge for me).
Can someone please give me any information on the deductions from the gross income calculation that the CMS will actually allow? For example, they publish no info on the amount they'll allow for pension payments but make it clear that they will punish anyone making excessive deductions. And what about the money that I spend direct on our children (I've been spending well over a further 25% of my income on travel, food, clothes and clubs)?
Please do not think for one minute that I am trying to avoid pulling my weight. Nothing could be further from the truth. I am just trying to limit the amount that my ex uses the system to screw me. Our kids lack for nothing and, since I had a large fall in earnings due to injury, I am being beggared whilst she lives in comparative luxury. The witticism that 'Mum gets the kids, the house and the car. Dad gets the bills' is particularly apt here.
Hi There,
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Firstly, to mention, that as long as you have a good record of payment through CSA, so no missed payments then CMS will not enforce collect and pay, which is where you would pay an extra percentage and your ex would also loose a smaller percentage to cover the cost, they should give you direct pay, where they set the amount and supply you with bank details of your ex to transfer the money, as long as you don't miss any payments you would stay on this payment system.
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I don't know what percentage is allowed for pension I'm afriad, I haven't needed to look at that myself.
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The money you spend directly on your children won't get any reduction, the system, will calculate an amount based on your income and pension and that's pretty much it, unless you have exsessive travel to collect and drop the children then that can create a reduction in what you pay.
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You aren't oblidged to pay anything other than the amount that CMS calculate for the children, if you are able to pay additional towards, clubs, school trips ect then that is great, but there is nothing to enforce you to do this.
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GTTS
Thanks, albeit it's all a bit depressing. Making the system simple/cheap to administer and extricating the State from divorced/separated parents has its advantages, but there are clear downsides.
I've always paid on time. However, due to glitches in the their computer system, the CSA erroneously sent me letters that I'd not paid when I was paying direct. I have all the records, but that's something my ex can manipulate easily.
For what it's worth, my mileage has reduced greatly over the last 6 months; my youngest's teenage hormones have come on song (spending time with parents is now uncool) and my mileage of 7 yrs, 200+ miles per week, has reduced to 80 miles per week. My car is fairly heavy on petrol so that 80 miles pw plus local city driving costs me £100 a month. Food and other expenses when they're with me are another £100+ per week. Clubs, scouts etc have, on average, cost me another £50-80 per month (she'll only let them go if I pay, despite her earning over 3 times as much as me and having a house paid for by me). In total that's over £250 per month, a quarter of my net earnings, equal to the maintenance that I've been paying.
I dread having to talk to her over support to our children when they go to university, our eldest next year, but that's another issue.
I am in the same position
Get on to your MP about this unjust gross pay calculation! Feel free to sign and share widely the attached petition http://www.change.org/p/department-of-work-and-pensions-cms-gross-salary-maintenance-calculation-is-unfair-and-unjust
We feel your pain!
All of you who this affects, please sign the petition on gov.uk I have started. The CMS needs to use P60s and net income to calculate as this is putting a lot of Dads and second families in hardship. Do take it to appeal and do take it to the next stage of the tribunal. It does not cost you a bean and is the only way we can force a change of heart. Also do involve your MP, mine has written to the DWP for a review. https://petition.parliament.uk/signatures/33968523/signed?token=wkFwJw3dmqcI7Uiea5x
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