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Hi All,
Thankyou in advance for any advice on this. I split from my 14 year olds mom 10 years ago and up until this point I have had him every weeked 1-2 nights a week and have always paid a set amount we agreed upon via bacs, I have never missed a payment.
The relationship with his mother has recently broken down through a few disagreements and I have now received a letter from CMS. (I have not stopped paying her the regular agreed payment via bacs).
My issue with the letter is that they are basing the case on my earning from the last financial year, during that period I earned a substantial bonus and put in some serious extra hours. Due to poor mental health and some other personal issues I have stepped away from the opportunitiy to earn the bonus this year and will be reducing the amount of weekends I work, essentially a large decrease in earnings this year.
The amount I am expected to pay if they do continue to base this on the previous year is not affordable to me, I am currently living with my new partner and also her son (10 years old), Surely they must base this on my current earnings ?
I am at a loss of what to do and CMS doesn't seem too easy to actually speak to a person..... In my response to her claim I have advised I do not earn the amount they are reporting anymore and I have also sent them my latest payslip showing this. My employer is also willing to write a letter on my behalf confirming this change.
I have no issue paying the correct amount CMS deems needs to be paid but the way they are calculating it is going to hurt my family considerably if they go ahead with the current calculation and we simply cannot afford to pay this amount. I understand from the letter its quite simply pay it or we will move you to collect to pay and charge you a further 20%.....
hi,
if your present day income is 25% less than what you earned at last tax year, they should lower your payments.
you should also tell them about your partners child and that you support child, that will also lower your payments. they may ask to see a child benefit letter.
Hi Bill,
In my response to the claim I have advised them that I no longer earn this amount and its way below 25% of the previous year. I've also submitted my latest payslip showing this.
My concern is the letter states they will now text me a decision based on my answers but it also states they have my earning from last year which it will be based on which I can appeal if Its incorrect, appeals can take months..... and it states during the appeal that I will have to pay the amount they state until its reveiwed.... This really isn't an option for us and its not affordable.
Surely on a new claim they must have to review this kind of thing first and not just slap me with a huge bill based on previous earnings ? They do state if the review shows I have over paid I will get it back via reduced future payments but this is no good to me or my family, the impact it will have in the first place vs the money coming back via reduced payments is going to put us in a horrible place....
I think the system is flawed. Anyone in a sales/commision based job will have a variable salary and surely they should be judged month to month based on current earnings otherwise they always have the risk of overpaying for a year.....
Flawed and unfair is my understanding of this all so far.....
@landrews89 phone them and ask to speak to a case worker, have 3 months of payslips and send to them to prove your income dropped by 25%.
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