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Help & Advice neede...
 
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[Solved] Help & Advice needed

 
(@dave1982)
New Member Registered

Hi Everyone

Bit nervous about posting here.

Basically I have payed the CSA maintenance for as long as I can remember the other day I received a letter saying that the case was being moved to the CMS.

A little bit about my background I have never had anything to do with any of this and just Payed the reason for this being is that the family threatened me with violence and caused me to have a breakdown spending 2 weeks in hospital fearing for my life.

My mum tried to make contact about 4 years ago but they tried to say that she had been causing abuse whenever they met which she was not. The family are not very nice people and the only reason I have never tried to have contact with them is because the child is mentally and physically disabled.

13 years it has taken me to get my life together from going backrupt to having a fairly ok job. Now I find that the service is changing and the family will want to make sure I pay as much as possible working it out id be left with nothing at all. I have explained everything to my current partner who obviously finds it all hard as well.

I am just wondering can find out if they will apply to the new service and if they don't what does this mean ? This may mean I have to go self employed if I set up a company would it better to give it to my partner.

I don't disagree with paying but I do disagree with being left with nothing at the end of the month. Help / advice needed.

Quote
Topic starter Posted : 29/11/2016 6:42 pm
(@motherofafather)
Honorable Member Registered

Hello dave1982,

The CSA system is moving all it's cases over to the new CMS system.

The CSA calculate maintenance on net income. The CMS calculate on gross income but the percentage is less than what the CSA use. Therefore the amount should roughly be the same.

Hopefully one of the moderators will check what I have said and also supply you with a link for you to be able to calculate the amount of maintenance you would be liable to pay.

I have sent you a private message.

ReplyQuote
Posted : 29/11/2016 9:20 pm
(@jdb12345)
Active Member Registered

Hello,

I disagree with this point - the previous system took into consideration both the salary of the NRP and RP as part of the calculation, in the new system its based upon the NRP only. The gross calculation brings in more elements to the calculation that were never considered before - including benefits in kind, living costs, travel to work - in my personal situation my company pays additional salary to cover a rental property near to my place of work and I loose 20% of this benefit to her

the percentage is less, but they take the money off you after tax is paid, the higher salary percentage reduction is a token gesture, and if the NRP has a child there is very little consideration of this in the new calculation

The new system is just designed to get a figure without the complexity of considering the situation, and with the powers they have now you must pay, or you face humiliating and criminal consequences

John

ReplyQuote
Posted : 29/11/2016 10:17 pm
(@jdb12345)
Active Member Registered

Hi there,

I am really sorry to hear about your situation, the key point is that now its a percentage calculation and relatively easy to calculate - the only thing you can do is cut your outgoings/costs to aligned with a 20% reduction in take-home salary (your payment to the CMS)

If you try anything else you firstly face the risk of reducing your income whilst paying your current amount until the anniversary date and your case is reassessed - for example pushing more money into your pension, or you go unemployed , then go self-employed - the way I have looked at it, under the new system its risky to have big changes to your income because you are going to need to convince the CMS you have changed your situation to force a recalculation, and they will always check with the Inland Revenue - 25% change in income to force an instant re-calculation does not happen frequently

You have to wait to see if the RP applies for the new service, if they don't then you will not be paying anything going forward, but don't live in hope because its not a difficult process to start and now the RP does not need to supply all the information that was required previously

John

ReplyQuote
Posted : 29/11/2016 10:29 pm
(@dadmod4)
Illustrious Member

Hi John

CSA from 2003 didn't take the PWC's income into account at all, it was all based on the NRP's income, with the percentages being 15, 20 or 25 of net income, for 1, 2 or 3+ children, CMS changed that to gross income with (I think) 9, 12 and 16% of gross income. I'm not sure on the calculation prior to 2003 - I think the percentages were higher, but living expenses of the NRP were taken into account.

ReplyQuote
Posted : 30/11/2016 1:21 am
(@got-the-tshirt)
Famed Member Registered

Hi There,
.
It is also worth noting that the newer CMS system does actually take into account any children living with the NRP and a reduction is apllied, if you want to check this there is a CMS calculator where you can enter your Gross weekly income and it will give you an idea of what you would pay.
.
GTTS

ReplyQuote
Posted : 30/11/2016 1:04 pm
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