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Feeling really frustrated right now, I've always provided well for my ex and daughter, she decided to end the relationship, refused mediation to try and sort out our problems and move forward and then asked me to leave the matrimonial home - this was three years ago next month,
I've moved on, met someone else and had another beautiful daughter but living in rented accommodation as the equity from my divorce settlement is still sitting with a solicitor and I'm still on the mortgage.
I received a CMS review through in May and they've amended my payments inline with my Gross salary from last year.....this takes into account my bonus which is not guaranteed this year but was hit last year and bonus top up payments to my ex were made in quarterly lumps in line with the calculator so i'm squeaky clean here.
My company are now pressing employees to go down the cash allowance towards a car route and want to reduce the number of company cars in the fleet, great I thought I can choose my own car instead of one from a list - how wrong was I. I've just spoken to my case worker who informed me that I would have to include this payment in my CMS meaning i'd have to pay 40% tax on the monthly sum, give some to the ex as an increase in my payments and then pay insurance and run the vehicle with whatever is left.....talk about being pressed over a barrel...this means i'd be at a huge loss monthly as we have to have cars less than 2 years old!
I'm doing everything that I can to keep calm but at present I cant provide for my family with the same standard of living as i'm providing for my ex and 1st daughter and it's really dragging me down. My ex earns as much as I do and with my payment her 'take home' is significantly greater than the take home in my household (circa 1300 a month!!!) and I've now to got try and get a mortgage for a new house so that I can move forward myself.
I've not done anything wrong here, my ex ended the relationship, asked me to move out, has my daughter living with her and won't press her to stay over with me as this would affect her payments so she'd rather her stay with friends or parents at the weekend and i'm being hammered from all angles financially?
Is there anyway in which the CMS can review this case and take all things into account here?
I'm afraid CMS don't take anything into account other than your gross pay (after deductions for pensions), the fact that you have a dependant child living with you, and any nights you have your daughter living with you - they don't take into account at all any outgoings for your current accommodation. I would have thought that the CMS would have assessed your income before this car change to include the company car benefit, as this is a taxable perk, so changing to a cash benefit instead should make that much difference in that respect.
You could increase pension payments, at least it would reduce the amount you pay her, although it wouldn't solve the problem of your expenditure.
What steps are you taking to,get off the mortgage, and get the equity released? It might help a little with the finances.
Best of luck
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