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Hi everyone
looking for some advice.
I pay more in maintenance to my ex wife than the CMS state by quite a lot more than I have to, and have for many years. This is because I earn some money via dividends and so therefore always thought it right to pay more than what the CMS calculate it to be (as their calculation is just based on my PAYE income.) The figure I have been paying has been steady, and in fact I held it the same even though I was out of work for 4 months during COVID (not technically unemployed, just no income.)
However given this amount fluctuates, and i'm not sure if the CMS take into account "over payments" there is a chance the figures may be over / under - Also to note I pay for a lot of other stuff for my son.
If my ex was was to apply for a variation based on "unearned income" (I have no indication she would do this, it's just an anxiety I have), how far back can the CMS date this to, is it just to the previous Annual Review calculation or further back, and do they take into account over payments?
I guess what I'm worried about is if a variation is raised on the grounds of dividends, and they don't take into account my overpayments, how far back could the variation be applied to? Is it from the point the variation is requested?
e.g. Annual Review calculation made in April 2020, no objections to the figure from the ex (presumably she sees I overpay), but a variation raised, would it be from date of variation submission, would it go back to April 2020 or could it go even further back to previous years?
I keep myself up at night about this!
hi
see if this helps:
The section at the bottom of the page
Thanks, from reading this it looks a variation (if accepted) is from the point of application?
My opinion (and it's only that) is that they would only go before that if you had given any false information, or hadn't notified them of any change that you were obliged to tell them, and in your case, I can't see that's the case.
I have read other cases on here. e.g a dad earned a bonus one year. failed to or did not know he had to disclose this to CMS. so when they found out, they recalculated and back-dated his payments from the original date he received the bonus.
also in CMS booklet, they are only interested in things like dividends if it amounts to £2,500 and above per year.
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