[Solved] Company car and earnings for maintenance calculation

Could be worth you asking as well, and getting it in writing (or get them to quote a specific regulation) - the more confirmations we have, the better the case either way.

Hi, only joined yesterday, but already feeling better knowing there is support out there for fathers that feel they are treated as criminals by the CMS

I split 10 years ago from my ex, left me to pay off £100K of debt, nearly went bankrupt and suicidal (sorry, but I was, not helped by the CMS) she moved son in with 3 different men, she hardly knew, 2 lasted a matter of weeks, upheaval for son, but nothing I could do and now with the 3rd guy (the most wonderful man in the world etc etc) I pay £540 per month for one 16 year old son, myself and my partner scrape by, but ex and her new man both have new cars, new house, holidays and weekends away and only eat in the best restaurants, but every month ex tells me I need to pay more and no doubt tells my son

Out of the blue, son contacts me on the ex email, doesn't want to see me anymore, same day, ex applies to CMS for change of status and I now have to pay £640 per month, seems high, but screwed over on car allowance I never see and BIK on P11D, how can this be income, but ex gets her percentage

I have never paid into my pension, 54 and through frugal living, I can pay circa 45% into my employment pension, seems high, but based on the FSA numbers, that the CMS should use, this is what is needed at my age

Has anyone come up against the CMS when changing their contributions amount, after the annual review, so thankful for any advice

Hi Mwall66,

I replied to you here: https://www.dad.info/forum/child-maintenance/52806-cms-and-employer-pensions-private-pensions?start=12#111582

Hi Bill 337, so thankful for this, come off the call with the CMS yesterday and cannot understand how they can be so anti dad, mentioned the car allowance and P11D and BIK, they gave the stock answer, but could not tell me in common sense terms, how this can be income, when I do not get it, you have to laugh

I need to contact them and explain that with my pension contributions, the taxable gross on my salary slip will show this with the pension contributions taken off, I now have the argument backed up with the estimate of what I need to pay at 55, but just know they will argue and not accept and state I am purposely diverting income

thanks so much again, will update when I have spoken to them, but giving back the car and taking the allowance to get out of the toxic BIK calculation

Regards

yes it does seem harsh. also doing over-time or getting bonuses will mean you have to pay more in maintenance.

Thanks Bill, more than harsh, but the annual review was a couple of months ago and I will be contacting them to request they recalculate now, based on my increased pension contributions as this will change by more than 25%

Fingers crossed

Hi

You will find that they will not adjust straight away to reflect increased pension contributions. Instead they will wait for 2 or 3 months of pay slips before recalculating. In the meantime you will need to pay the higher cms amount but when they recalculate they will factor in the overpayments and reduce your payments to reflect this until your next annual leave.

As long as you use the pension contribution amounts on the chart you should be fine. Pitrntially you could even call them and inform them in advance and see what they say. If they say its all OK over the phone then I dont imagine they will look at it as diverted income.

If however you intend to pay into a personal pension rather than employers, this is a little more complicated as you need to provide separate information from the pension provider, including tax relief details to make sure they calculate the correct cms for you.. again whilst all this is happening you will need to continue to pay the higher amounts until the new amount is calculated.

Thanks

In line with my recent post saying i prefer the portal, I did not even mention my pension and just used the portal to ask for a reconsideration based on over 25% reduction in salary. I did not mention pension, nor did they, they just saw my taxable income on my pay slips and adjusted accordingly. I am paying 36%.

As was said earlier, this assumes the pension is salary sacrifice and goes directly from your employer into your pension scheme, which then gives the reduced taxable income total. If you pay it separately into your pension and have to claim the tax back, it becomes harder I think.

Also, agree that they probably need 2 or 3 pay slips before they will act.

Thanks so much guys, you don't know how much better it feels to have some support, wish I had found this site years ago

I will stick to the scale, at 55, says circa 50%, so I am under that and working to their own internal procedures, as per the really helpful post from Bill, which was a freedom of information request and lays out very well the grounds on which the case worker needs to make a decision and even if I get a man hater on the phone (sorry, just how I feel after my experience with CMS) I will refer them to the table and then the freedom of information paperwork that I have (thanks Bill) and if I have to, then escalate through the complaints process

So I guess the portal is the best first, they have access to my payslips, how is that possible???, so they will see the taxable income and fingers crossed

Once again guys, thanks so much

They dont have access to your pay slips, you will attach and upload them to the portal.

That's what I thought, but on the call yesterday, he told me he can see the payslips and had my most recent one in front of him and read to me the non and taxable breakdown and all the numbers, scared the life out of me

That's what I thought, but on the call yesterday, he told me he can see the payslips and had my most recent one in front of him and read to me the non and taxable breakdown and all the numbers, scared the life out of me