Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
Hello,
Apologies if this has been answered before. I have just received a letter from the CMS with a request/application for me to pay maintenance.
The figure provided (estimate) is significantly higher than I have been paying and also does not take into consideration my pensions payments removed link I am self employed and pay into SIPPs. They have the 'correct' gross figure from my self assessment, however, should I be entitled for my 'personal allowance' to be removed from this because that it what i am taxed from? I cannot see this is clear in any guidance? Any guidance or anecdotal cases to support?
Also in relation to pension payments, i obviously get the 'standard rate' tax relief contributions (apologies for poor wording) but then as higher rate I claim additional tax relief. Given this is effectively a 'pension contribution' can that aspect also be claimed?
In terms of sporting activities and my daughter's school residential trip (term time), i have paid for these. Would these be classified as 'special expenses'?
Thanks in advance for any responses.
hi,
as far as I know, CMS calculations do not take personal tax allowance into account. if you do self assessments, they consider the turnover/income amount, but after your expenses have been taken off.
if your paying into a pension, you have to contact CMS and send evidence, ask them to take into account. with daughters sporting activities, its unlikely CMS will consider that as special expense.
heres list of special expenses they consider:
- the cost of keeping in regular contact with the child or children you pay child maintenance for – for example, the cost of fuel to travel between your home and the child’s home
- costs to support children who live with you if they have a disability or a long-term illness
- repaying debts from the former relationship – for example, if you are paying a car loan for a car the receiving parent has kept
- some boarding school fees for the child or children you pay child maintenance for – but only the everyday living costs or ‘boarding’ part of the fees
- making payments on a mortgage, loan or insurance policy for the home you and the receiving parent used to share – the receiving parent and the child or children must still live in the home and you must have no legal or ‘equitable’ interest in it
All the above special expenses, apart from supporting children who live with you if they have a disability or a long-term illness, must be for more than £10 per week.
https://www.nidirect.gov.uk/articles/other-financial-commitments-child-maintenance-cases#toc-1