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Hi,
Apologies if this topic has already been covered but I’m after some advice.
I currently pay maintenance for 2 children through CMS and although I don’t mind paying for my children I struggle financially each month due to other outgoings etc. I have the chance to work quite a bit of overtime at work but it will probably take me over the 25% mark, but not by much. I have been advised off someone else in the same boat as myself to do the overtime but don’t do any for the 3 months prior to my review date. That way I can send them my last 3 payslips which shows no overtime and then hopefully they’ll readjust the amount to what I was previously paying.
Has anyone else been in this boat and is there any truth in it?
Thanks in advance.
I think it will depend on whether your ex is awake to this and is now or later chasing you by applying for a variation. Probably if you do not tell CMS of the breach of 25% (as you should) earlier in the year and then provide the last 3 pay slips with no overtime then you will likely get away with it. Although does your payslip not include a running total of where you are in the year for your total earnings? If so then they would see your total has breached the 25%.
If you do get away with it initially, and your wife later applies for a variation, they will look at HMRC figures and see the higher earnings anyway and you get back assessed.
I went over the 25% threshold in the last pay packet of the year and started the next year on the same payment level. However ex applied for variation and they not only awarded higher for the new year but hit me with a few thousand for the previous year too, as back payment.
My advice is control your over time so you do not go over the 25% threshold, then you will be fine for no back assessment or the following year. If you do go over you are likely to get caught out and better to tell them in advance than have to pay hefty back charges later plus avoid the constant stress of letters and reassessments.
Hi There,
My understanding is that these days you don't submit payslips to CMS they simply look at the HMRC to see what you have earnt over the past 12 months and set you amount off this so it wouldn't matter when you did the over time it would still be picked up.
I would give CMS a call though to get this confirmed,
GTTS
I've had the same predicament as you, but I managed to control my income through pension contributions. Just make sure that your end of your tax figure is within 25% of your current assesment and you should have no trouble, I think they only ask for payslips if a variation is asked, I havent had to provide a payslip in 3 years.
Make sure you are within the 25% otherwise they will have you over a barrel.
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