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Hello All.
I just received the first letter from CMS, stating how much they think I need to pay each month. I would be enormously grateful for some advise please.
The calculation has made no allowance for the nights that the kids stay with me. It is also based on the P60 from 2022 that included an one off bonus payment that upped my gross by amount by quite a bit.
1: When I call the CMS, and I tell them how many nights the kids are with me, how is that information processed? How is the number of nights spent with me evaluated? (one of my children sometimes decides to spend an extra night once a week with me, sometimes not). If there is a disagreement between what the ex states and what I claim, how do the CMS decided on the number of nights spent at mine?
2: What would be the reaction of CMS when I call them and ask for them to consider the last 10 month's gross rather than the one off inflated amount from April 2022 P60? Can I not provide the pay slips from the last 10 months to prove my lower income (and also P60s from previous years)?
3: The letter states : we will work out your payments from 9th of January, we call this the "initial effective date". Does this mean I have to pay (in arrears) from the 9th of January (so I have to pay on 9th February the last month)?
Any help on this would be much appreciated.
hi,
with child and overnights they like asking to see a court order. if no court order and you and your ex dispute the number of nights, CMS will assume you have kids 1 night a week.
if your present day income has gone down by 25% or more than the income for 2022, then they should recalculate maintenance based on your current income. if you send them 3 months of pay slips, should be enough evidence.
yes as start date is 9th jan, this means you pay the arrears to cover the monthly payment. check the payment plan they sent you and follow it while you resolve outstanding issues. you would have to phone them: 0800 171 2345
this explains how their system works: https://www.gov.uk/government/publications/how-we-work-out-child-maintenance/how-we-work-out-child-maintenance
@papasmall Previously I would have agreed with Bill's advice but my recent experience was not treated as such. In March 22 I received a good bonus, but the company stated this year there would be a greatly reduced bonus.
I went to CMS to claim more than 25% reduction, the form they sent me included a question 'did you receive a bonus in the last 12 months and how much was it'. I answered truthfully, the result was a decline of my request and when i called them i was told that as i received a bonus last year of X, they have to make the assumption I will receive the same again this year and therefore my maintenance would remain the same.
I am not sure if this is their consistent policy or I just got someone who wanted to interpret it that way. But, with no way to appeal other than take to tribunal I could not be bothered to argue it.
Hopefully you may get the answer that Bill mentions and i once expected.......Good luck