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Ex takes advantage ...
 
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[Solved] Ex takes advantage of CMS loophole

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(@rr_xx)
Active Member Registered

They do but not from a minor, I already explored that avenue - In their eyes she's just a child.

Never heard of affidavit but I did look into getting a statement of truth confirmed by a solicitor -
1. None of the solicitors I spoke to wanted to get a statement from a minor
2 CMS wouldn't accept it anyway

This might change when she turns 18 next August.

I've just learned that I could apply for variation... I'm still paying off a personal loan that I took nearly 5 years ago (when we were still together) that paid (amongst other things) for the car she still drives today! I can easily prove I paid for the car. The loan is nearly £300pm. I never knew I could do that!!!

If I apply for it now will they backdate any potential reductions in my payments? I've been paying through CMS since last Oct. The loan ends this Nov.

ReplyQuote
Topic starter Posted : 22/09/2020 3:10 pm
(@dadmod4)
Illustrious Member

I don't think they'll backdate - the way the variation works is to reduce your monthly income by £300 for the calculation, so on the basis you are presumably paying 12% of gross, this would reduce your monthly payments by £36 - if that's your only grounds for a variation, I suspect it's probably not worth your effort if it's only got a couple of months to run.

ReplyQuote
Posted : 22/09/2020 5:08 pm
(@hrabbit)
Estimable Member Registered

Unfortunately the loan will reduce, but not £300. They multiply the 300 per month x 12, to get to a £3600 figure and will take this from the annual assessed amount.

So if you earn £30K and are usually assessed on this, they will assess you on £26,400. A probably reduction of around £27 per month. But it all helps!

ReplyQuote
Posted : 22/09/2020 5:12 pm
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