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[Solved] Incorrect salary

 
(@t0ymaster)
Eminent Member Registered

Hi All,

I agreed to pay my ex child maintenance for my 2 year old daughter and setup a standing order. The first payment is due next week which is for £300.

I have today received a letter from the child maintenance service that my ex has applied to them. What a bi***!

I earn £31k per annum, but the CSA have got info from the HMRC that my salary is £37k per annum. I rang the CSA and advised that the figure they got is incorrect and i do not earn £37k (I said i can prove this by wage slips or letter from work). The lady i spoke to said because the difference is not more the 25% there is nothing they can do and i will have to pay child maintenance based on £37k.

Sounds very strange to me and makes no sense. Please can someone advise if what the CSA lady is saying is correct or not?

Thanks in advance for your help

Quote
Topic starter Posted : 26/03/2014 7:19 pm
(@dadmod4)
Illustrious Member

I would raise a complaint with the CSA (I'd also ring the HMRC to see where the error was made) - it's one thing not to reassess if your salary drops by less than 25% (which is the rule), but it's another completely to refuse to do so because of an error. I'd also complain to your MP - do that asap.

Another option is to consider paying about £4k per year into pension - with the workplace pensions, I think you now have the option to do this by salary sacrifice (but check to make sure) - that will drop your salary by the required 25% - it may be a while before you can reduce the amount you contribute, so check this and make sure you can afford to do so - but go down the complaint route first.

ReplyQuote
Posted : 27/03/2014 1:06 am
(@Huxley)
Reputable Member Registered

Unfortunately that is correct what you've been told, they won't change it unless its more or less than 25%

Where have the HMRC got £37,000 from if you earn £31,000?

ReplyQuote
Posted : 27/03/2014 1:20 am
(@t0ymaster)
Eminent Member Registered

Thanks for your reply...

I started my current job only 5 months ago and current salary is £31k.

My last job salary was £32k but because i worked alot of over time for that year i'm guessing it was £37k in total for that year. but i feel that the contribution should be worked on what i earn now and not what i earned in the previous year.

Cannot pay into the work pension at the moment because i havent worked for them for a year.

I have moved out the family home and currently live with my brother who has two children under 14 years old.

One of the question is:
How many other children live in the household of the parent paying child maintenance?

By including the above two children will this affect how much i pay, or am i just being silly?

many thanks

ReplyQuote
Topic starter Posted : 27/03/2014 1:08 pm
(@Huxley)
Reputable Member Registered

I think the 25% rule will still apply, it's not fair at all

They will ask you for the children's date of birth and if you have if child benefit number, I'm not sure how that works
It's meant to allow the NRP a deduction for children in his household that he makes a contribution towards with them being your brothers I'm sure it wouldn't count but if you were to :whistle: be helping with their food and bills etc then it could well bring your payments down

ReplyQuote
Posted : 27/03/2014 8:32 pm
(@t0ymaster)
Eminent Member Registered

Thanks Huxley - the system is a complete mess. The mothers get away with murder every time!

ReplyQuote
Topic starter Posted : 28/03/2014 12:48 pm
(@t0ymaster)
Eminent Member Registered

Just rang the CMO helpline and they have advised, because the children i live with are not dependant on me, i cannot put them on my claim even if i make payments towards food, bills, etc.

So i have no choice but to pay on the incorrect salary the CMS have calculated.

I might aswell just quit work as i do not see the point of working anymore, below are my calculations:

Earn: £447 per week
£84 child maintenance per week
£75 commute to work
£100 rent per week
£20 council tax per week
£30 bills per week

After all that I am left with approx: £138 per week and i haven't even included food.

I do not see the point of working and i might aswell go on job seekers and i know as a single mother my ex will get get benefits thrown at her!

ReplyQuote
Topic starter Posted : 28/03/2014 1:45 pm
(@Huxley)
Reputable Member Registered

Have a look and see if you can apply for a departure for your travel to work costs, they used to include this on CSA, I'm not sure if it was carried over to CMS cases

Either parent can make an application to the CSA for what is called a “departure”. There are many different grounds for departures although as a non-resident parent the ones you need to look at are as follows:-

1. Travel to work costs. Whilst the CSA may allow a minor travel to work cost in the main calculation this is not usually reflective of the true travel costs. You can apply however for your true travel costs to be taken into account and the CSA will then have a look at the car you have, the cost of the petrol (not an associated expenditure such as MOT, depreciated, Road Tax, etc) and any associated out of pocket expenses - for instance we have one client who has to cross the Severn Bridge every day to get to and from work. With his pay at only £200.00 per week the cost of the tolls is a considerable drain on his finances. Another client commutes from Birmingham to London every day, his daily train fare cost is eye watering. It is not as even he is that well paid!

ReplyQuote
Posted : 28/03/2014 8:12 pm
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