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Hi everyone
Please try and help me I've just had a letter from the CMA at the worst possible time.
Log story short ...
I pay my ex girlfriend child maintenance into her bank at the start if every month, there was an occasion within the last 6 months when my ex said I would have to have her child kris because of her work. Not very long later she asked me for more maintenance. I explained it doesn't work like that if I have my daughter more the payments go down not up. Anyway nothing evolved I still pay the same and I still see my daughter every weekend.
Anyhow there was one month in January when I could t pay as I lost my job. Instead I was very fair and went and spent £80 on my credit card in the supermarket to be fair and when I was back working and been paid I would pay the credit card off. I only spent £80 as I filled he trolly with loads. Boxes if nappies wipes drinks food etc. I got to the till and expected it to come to more. My ex wasn't happy that I wasn't paying and wasn't happy wig tall the shopping. She wanted the money of course and I her defence said that the money I pay goes on her house bills etc.
Since the above events in January me and my ex have not seen or spoke we now communicate via her brother.
Since January I've again paid every month.
On Saturday randomly I've had a letter from the CMA saying my ex has made an application to them basically for more money. I've had no requests his her brother for more money.
Here are my problems:
The CMA have gone off a previous tax year staying I'm earning £6000 more than I'm actually earning now. The only time I came close to earning what they have quoted was I a. Job I was made redundant from on October 2014. Even then the only reason I earned the figure they quotes was due to me slaving away doing overtime saving for my house.
2 jobs later I'm earning £6000 less than what they quoted.
I called them and they asked for payslips which I can easilly provide.
Here's my issue. I currently earn £18,000 per year. The CMA have given me a bit of a random figure somewhere around £18,100 and said if I earn above this wage, the figure they have quoted on their letter remains the same. Because I ear just less (£18,000) they said it will go down 25%.
So if I earn any more, I will back the high figure they have quoted on their letter. Surely this isn't fair? I have a pay review in 3 months when my pay will increase. If it does I'll be paying the high figure they have quoted.
Why do the CMA go off a previous tax year? I don't see this as fair. Say for example one year I'm earning £50,000 and lose my jobs. I then get another job only earning £30,000 - they surely can't quote you on the high £50,000 you once earned.
Ok here's what else is causing me sleepless nights. My ex has requested that the CMA deduct the monies from my pay and he pay it to her, their charge for this to her is 4% of he monthly fee. They charge me 20% of the fee!! This is astronomical! Why would she request thus? She's always had he money on time bar the one month i wasn't working. It's insane!
Also,she didn't declare to the CMA that our daughter stays over once a week which will bring my payments down.
So the jist of it my payments will come down as im earning £18000 and my ex sleeps over once a week. But if my pay increases slightly my maintenance increases a LOT. What my ex says to the CMA she defo wants them to get the monies, I can't afford an extra 20% on top!
How do the CMA work are they ruthless? Surely they can't take money if you don't have it? I barely surive as it is as I have a house which I struggle with. As an example also my ex has lumbered me with debt which I'm faced with paying now which makes me finances worse.
Surely they won't see you lose your home as they take the money off you?
Please help I'm now on sleeping pills due to he stress of it all and also recent horrible events in my life.
I thank you in advance for you time reason my problems.
CMS sorry my error 🙁
Hello Jcowap,
I cannot be of much help as I know very little about the CMS. I believe your income has to rise by 25% for there to be an increase in payments and vice versa, if your income falls by 25% there is a reduction in payments.
I think it may be your responsibility to contact the CMS informing them you have your daughter overnight once a week and any other times such a school holidays. I may be wrong but I think the total of overnights has to be at least 52 or more per annum which then qualifies you for a reduction of one days maintenance payment multiplied by the number of overnights she has with you.
Are the debts in your sole name or your Ex's? If they are in joint names, you are both liable. If they are either in yours or her sole name then whoever is named is the one who is liable.
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