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Hi dads, my husband of 3 years ( partner of 13 years) and I have recently received a request for cms for husbands 2 children from previous marriage, we currently have 2 young children and one on the way in 2 weeks ( perfect timing)
when my husband first split from his ex they had a mutual friendly agreement and I didn’t feel the need to jump in or get involved I thought that was his problem also at the time definitly didn’t give much thought to our future so rolled with it and here we are..husband signed over the house and didn’t take a penny, walked away with nothing! husband has paid £650 per month since he left. At the time the law was 18 for maintenance to stop, 2 sons are aged 14 and 18. 18 year old works for mine and my husbands company earning anything from £100 a week to £300 a week based on when he attends part time college. Everything was fine he paid extra lunch money each week, uniforms, holiday clothes, haircuts, phone bills all good- until November when he decided to cut the £650 in half as per their agreement 13 years ago ( verbally might I add)- within 1 week we had a letter requesting that the maintenance be paid using the latest tax year amount £109k. This was inflated to allow us to purchase a new property at the time!!! Now we are on a basic salary and dividend, the new tax return I guess will be complete in January, will this then cancel out the last one? I have sent through the payslips showing £115 per month! But even if they asks for bank statements to show any dividend it isn’t anywhere NEAR 109k!!!
With immediate effect my husband is now earning exactly £115 per month and all dividend will be sent through to my name. The new calculation is now £950 a month until the results of the appeal- we run a construction company and in all honesty we are battling out the hard times. £950 a month is just not possible for us right now- especially taking into account all the extras we do pay for which will of course now stop!
it’s so messy and with days away from giving birth I’m feel extremely worried that we are going to go from paying £75 a week to £220 a week I don’t know if they will consider a change in income before a new tax return! any help from you all and advise would be so welcome!
Why is this all so unfair? It was all good when she was getting what she wanted for 13 years- it’s gone south very very fast
I’m a very relaxed wife but have since taken legal advise on our buisness and home! To be sure and safe!
sending love to all the people dealing with this
amelia x
hi,
with companies and CMS, rules are very rigid. if there is any drops in income, then usually they will say to wait for the next annual review, and it will be accounted for then. seems like theres not long to go. when kids leave full time education, child benefit will end, and and so will CMS payments. if he owes a lot of arrears and is struggling, he can ask CMS to spread repayment over 2 years as a minimum.
Hello Amelia,
I was reading your post.
When the CMS set up and started the case, they started you on a historical income caculation. Using the last full tax provided by HMRC (109k).
"Now by there rules if his current income is less 25%, of the weekly income income figure you are legally obligated to report this, and providing evidance". (Assuming a ltd company, from which he has drawn a salary and dividens).
This by legislation, should have moved him onto a current income caculation. (Or estimate of current income), until your Annual review. Where if there is no 25% diffrance between the current caculation and the infomation provided by HMRC, you continue with historical income as a defult.
"The Ex seem to be very much about the money. So anything that see the payment drop she is likley to phone up and complain, over and over".
Assuming you both own and work for your own business! Take all the emotion out of it, and use your heads!
By dropping his salary to basically nothing, and having all dividens paid into your account instead. If the ex complains that your partner is diverting income, you will then have to contend with the "Fraud Investigation Unit". (They are truly nasty!).
*They would look at the last 5 years of his income data. Check his accounts. and any thing else they can think of.
*They might not be able to look at your accounts. But if all of a sudden he has gone from recipt of dividens to not reciving any, you kind of made there case for them.
*Plus if they belive his salary to be delibaratly reduced (Especilly as you have used the £25 a week). They simply create an estimated salary from historical data, back date that salary to when they say the diversion of income started. load up the arrear and charge accordingly.
(Your primary residance they cannot touch, I know that can be a big worry for alot of people. As he is not a sole trader where his tax returns and income are one in the same, they cannot take money out of a ltd company).
Be smarter, don't make decisions out of the anger!
You should take advice, is the smart thing to do.
Good luck to you both.
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