How do CMS approach this.....

Hi,

With annual reviews CMS should be using most recent tax year income. At review time you can compare that recent year income with present day income, if 25% difference then can ask them to recalculate maintenance.

Thanks Bill. I think what you are saying is that even though my P60 may say 45K by end of year, the assessment for next year will remain at 50K because it is not more than 25% less than last years earnings.

It is what I expected and feared, seems to me it should just reflect the earnings from the year just passed, not the previous higher year.

Can't change it so will put to back of mind...... 

As far as I am aware, the CMS should use your correct figure at the annual reassessment, the 25% threshold is only used to trigger a reassessment before the annual review is due.

My Ex applied to the CMS in April before the HMRC had my final income data, so they based it on a forecast which overstated my salary and understated my pension. so effectively the starting point is wrong! when I spoke with the CMS they said they would only review if my salary had changed more than 25% either way from the figure they had even if its wrong and overstated.. I have put in a Mandatory reconsideration on the 25th April.. maybe I'll get a response.

@memyselfand2boys it's not ideal, but could you increase your pension contributions to take you over the 25% threshold? Once they have recalculated, then you can drop your pension contributions back to the current level.

@actd Perhaps a different topic but is related to the thread I started. Thought I would relay my experience.

Ex wife does her oft repeated trick of contacting CMS and telling them I am earning more than I am declaring. So, I receive a naughty boy letter and an Earned Income Declaration form to complete and return within 7 days. I do so after 3 days, and as usual am honest with my figures.

7 days later I am told I have a letter in my portal inbox. I login and the letter just says 'Dear Mr XXXX......Yours sincerely Child Maintenance Service. There is no content!

I phone the number on the letter and 30 minutes later, someone answers and when I recite my tale, they look and say 'yes it is a blank letter, but I will need to pass you to a case worker'. So I go back on hold, which is constantly talking to me and telling me the wonderful stuff I could do if i went online! An hour later on hold, it just cuts me off.

The next day i do the same, 30 minutes on hold, answered, referred to a case worker and cut off after an hour. Only difference was that the first responder said they do have an intermittent chat service, generally starting from 12 midday. 

I give up on the calling and look for chat, assuming it would be on the home page. No sign, however I decide to have a navigate around the portal and find the chat option in an obscure non obvious place. I use that and is sorted within 10 minutes.

Turns out the letter said 'thanks for sending in your form' 🙂

Of course it could have been asking me for some important info that would have counted against me if not returned, so I had to keep going.

But a month after submitting my form, 3 hours on hold and a blank letter later, of course I have heard nothing and sit here waiting(likely for a few months) before they tell me if I need to pay even more money.

Often it is the waiting for their decision that is the most stressful, and it seems to take months.......  

it's a very inefficient system, a lot of their time must be taken up by repeat callers, whereas if they were more adequately staffed, they could probably get through a lot more cases, but it's also an easy target for cuts.