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Further to my earlier post. I have found something in CMS' document "How we work out child maintenance A step-by-step guide" that could be of significance, I hope? It states in section 38 relating to variations due to other types of income that the CMS can be asked to consider. At the bottom of the page it states "Also, we must consider whether the variation is 'just and equitable'. This means that we look at whether it is fair to everyone involved in the child maintenance case for the amount of child maintenance to go up or down because of a variation decision" It seems to me that the CMS are not applying this at all ever and therefore are not following their own guidelines. Has anyone had any joy quoting the above in correspondence? Or in a tribunal?
This scenario is surely worthy of press interest. It is entirely within the gift of CMS to use judgement to deduct mortgage interest from the HMRC supplied gross profit figure. They just choose not to.
They've created a ridiculous scenario where some landlords could be making no real profit yet be assessed as making tens of thousands and be expected to pay maintenance from zero income. It's insane.
The government gain no money from it so should sort it. Pity they even need to get involved.
It's clearly unfair and lacking any scrutiny.
Try getting a loan based on the higher figure and see what the lender say. You'll be laughed out of the bank and asked to your deduct our mortgage costs.
Is there a journalist out there who could raise this.
What about ARLA
@cmsdave I am currently in this situation. Has this improved or are the rules still the same ? Very complicated thanks
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