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50/50 shared care, ...
 
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50/50 shared care, pensions and adjustments in CMS payments

 
(@bestdad123)
Eminent Member Registered

Hi just had a few queries:

1. Can both parents get 50/50 shared care if they live in different towns (ie the kids were used to having us both around, but if in different towns schooling will  have to be in one or another? At the moment the ex doesnt want this as suits her for me to be the paying parent, but Im just wondering if 50/50 is possible

 

2. Have the rules on the paying parent paying into a pension changed? is there a pension cap of any kind? or is it just still if its "reasonable". Im behind on my pension, so need to increase, but dont want to be left unable to cover my bills if CMS disallow my pension contribution. What evidence is needed to show a private pension contribution? Do you need 3 months of evidence eg bank statement etc?

 

3. What might be considered reasonable pension contribution? Is about 30/40% of your net income reasonable if you started your pension late etc?

 

4. In the Annual Review, what is looked at? If your salary or pension goes up or down, is this only taken into account if its more than 25%, or could the CMS payments  still be adjusted if its say 10% up or down on salary or pension.

 

Hoping some of you have either been through this or have some info that might help

 

Quote
Topic starter Posted : 01/02/2022 4:32 pm
(@dadmod2)
Illustrious Member
Posted by: @dad12

Hi just had a few queries:

1. Can both parents get 50/50 shared care if they live in different towns (ie the kids were used to having us both around, but if in different towns schooling will  have to be in one or another? At the moment the ex doesnt want this as suits her for me to be the paying parent, but Im just wondering if 50/50 is possible

Hi

 

2. Have the rules on the paying parent paying into a pension changed? is there a pension cap of any kind? or is it just still if its "reasonable". Im behind on my pension, so need to increase, but dont want to be left unable to cover my bills if CMS disallow my pension contribution. What evidence is needed to show a private pension contribution? Do you need 3 months of evidence eg bank statement etc?

 

3. What might be considered reasonable pension contribution? Is about 30/40% of your net income reasonable if you started your pension late etc?

 

4. In the Annual Review, what is looked at? If your salary or pension goes up or down, is this only taken into account if its more than 25%, or could the CMS payments  still be adjusted if its say 10% up or down on salary or pension.

 

Hoping some of you have either been through this or have some info that might help

 

1. If your ex does not agree to 50/50 shared care, then it will not be possible. there is an option to get a consent/court order. Still no guarantee you would leave with equal 50/50 care.

2,3. you can pay into a state/workplace pension or into a private pension. CMS have their own guidelines for what amounts to reasonable pension contribution. see page 8: https://voiceofthechild.org.uk/wp-content/uploads/2017/11/Diversion-of-Income.pdf

as far as I know, you don't need  months of statements for paying into private pension. you can see their processes about pensions: https://www.gov.uk/government/publications/how-we-work-out-child-maintenance/how-we-work-out-child-maintenance

4. at Annual review time they take snapshot of your gross income for most recent tax year from HMRC. in this situation the 25% rule does not apply from one review to next review. however if your review is done, but your present day income is atleast 25% less than the amount shown on the review, you would have to contact and send them evidence, like payslips, and they should recalculate maintenance based on the lower figure. they have examples here: https://www.gov.uk/government/publications/how-we-work-out-child-maintenance/how-we-work-out-child-maintenance

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Posted : 01/02/2022 9:46 pm
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