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[Solved] Ex remarries

 
(@Darrent)
Active Member Registered

Hi,

I'm new to this forum but having real problems with my/the CSA and was hoping someone on here would be able to help me out with their experience. I live in the UK specifically England

My questions are, if that's ok:-
If my ex marries does this have any impact on how much I should pay?

The CSA in their ultimate wisdom do not take into consideration previous payments made to my ex. I gave her £10k (lump sum) when we split to help her set up partly instead of CSA. Unfortunately and naively I didn't get a written agreement as we was on good terms at the time. The CSA have advised they can't take this or the mobile phone I pay for for my son into consideration.

Anyone with any experience or help would be mucho appreciated.

Cheers

Daz

Quote
Topic starter Posted : 08/08/2018 12:10 am
 Mojo
(@Mojo)
Illustrious Member Registered

Hi there

Unfortunately the CMS doesn’t take account of a partners/husbands income. It will make no difference to the amount you would be asked to pay, which is calculated solely on your gross income.

Some members have had what they thought was a financial settlement, paid in a lump sum, and agreed in a court order, which was subsequently overridden by a CMS claim.

Anything a paying parent might pay extra, aside from the calculated amount, is considered a discretionary payment and as such isn’t taken into account.

Not good news I’m afraid.

There are reductions that can be made, for instance if you pay into a pension, this would be deducted from your gross income before the calculation is made, some people increase the amount they pay into a pension to reduce the amount of child maintenance.

A reduction is also made if a child stays overnight with the paying parent, one night a week would equate to a one seventh reduction.

I’ll link the CMS guidelines so that you can get to grips with how they calculate the payable amount.

All the best

ReplyQuote
Posted : 08/08/2018 12:22 am
 Mojo
(@Mojo)
Illustrious Member Registered
(@Darrent)
Active Member Registered

Thank you very much for your assistance, I really do appreciate it and has confirmed what I thought.

I do already make payments to my pension though appreciate could put more in, cause the CSA calculate on the gross.

I really feel like am being shafted, but I guess that is the society we live in unfortunately.

The worst point is I know she won't spend the money on him which is 20 percent more than her whole mortgage, she will simply spend more time in the pub. She is a bad parent but unfortunately not bad enough for me to be able to take him from her.

Sorry for the rant, just needed to clear my chest and will do my best to answer any questions posted by others, as I imagine at the end of this I will be an expert on child maintenance lol.

Thanks again

ReplyQuote
Topic starter Posted : 08/08/2018 12:38 am
 Mojo
(@Mojo)
Illustrious Member Registered

You could go to court to increase the amount of time he spends with you... there are no guarantees but worth a try!

ReplyQuote
Posted : 08/08/2018 12:54 am
(@Darrent)
Active Member Registered

I would like nothing more, but she has twisted his mind where I am lucky if he wants to see me let alone stay over. He is 13 though.

ReplyQuote
Topic starter Posted : 08/08/2018 12:56 am
 Mojo
(@Mojo)
Illustrious Member Registered

Ah thirteen year olds can be stubborn... hopefully as he matures he will see things differently. All the best

ReplyQuote
Posted : 08/08/2018 1:19 am
(@Darrent)
Active Member Registered

Thanks again, one final question.

I know she can't get any tax relief on the payments I make, but should the mother be paying income tax on the payments I make circa £5k a year?

ReplyQuote
Topic starter Posted : 08/08/2018 1:26 am
 Mojo
(@Mojo)
Illustrious Member Registered

I’m not sure, our finance moderator might be able to advise, here’s a link

https://www.dad.info/forum/finance/50253-ask-your-finance-questions-here

ReplyQuote
Posted : 08/08/2018 1:30 am
(@dadmod4)
Illustrious Member

I am pretty certain that any maintenance received by the PWC is not classed as taxable income, so no tax is payable.

ReplyQuote
Posted : 08/08/2018 4:36 pm
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