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Maintenance payment...
 
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Maintenance payments


Posts: 13
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Topic starter
(@harrisonbirks)
Eminent Member
Joined: 11 months ago

Hi all, 

very new to this so please bare with me. I’ve been separated from my ex for two years and I’ve always payed for my children in a ‘family based agreement’ we used the calculator and I’ve always payed that amount. We have always based the payment from my basic salary as overtime fluctuating monthly, if at all. 

She has now turned quite nasty and has activated a CMS claim.
My question is-  overtime fluctuates, it appears they are going to use my P60 showing the annual income earned to calculate my payments.
But, my overtime is now going to go down as I’m in a position to have my children 3/4 nights.
How do I explain that the calculation should be from my basic salary as my overtime isn’t a constant earning. 

**As I hear dealing with the Cms is quite frustrating and they favour the applicant (main career) and don’t really listen to the payment parent. 

Hope that makes sense. 
Looking forward to responses. 

1 Reply
Posts: 5384
(@dadmod2)
Illustrious Member
Joined: 6 years ago

hi,

with your gross income/overtime, CMS would only action any change if your income dropped or increased by 25% or more (outside the annual review period).

similar post here: https://www.dad.info/forum/child-maintenance/cms-overtime-25-income-increase/

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