H withholding child maintenance?

[ThomasRichard]

STBexH used to own his own business but he closed it at the end of August and took up paid employment. He was paying child maintenance based on his take home earnings from his business but now he's in employment the amount he should be paying has doubled. However, he says that because he's paying PAYE (whereas before he was paying himself dividends) his take-home pay is roughly the same as before and he shouldn't have to pay more than he was before.

I have told him otherwise but he has accused me of being greedy. I'm right aren't I?

[MakStout]

Call child maintenance options, get referred to the child maintenance service and they will calculate the amount and enforce the payment.

[ThomasRichard]

Then I have to pay them 4% though. I've looked at the options and they can calculate it and tell him how much to pay without forcibly collecting it, which might work as it's coming from someone other than me.

How does it work when he's paid commission on top of his basic salary?

[DivorceAlchemist]

Perhaps if you can let him know what the calculation would be? 15%of his net income for the first child. You will both have to pay fees if you use CMO but it may be your best option. Remind him that it's not you he deprives, it's his child. Perhaps mediation can help you too

[ThomasRichard]

He's done the calculation for himself, he just doesn't think it's fair I shouldn't be surprised as he has a track record of thinking that rules don't apply to him.

[MakStout]

Only if they handle the payments, but the calculation they provide for direct pay (where he pays you directly, no fees) is legally enforceable, and if he fails to make a payment they will chase it up and charge him an admin fee. If he consistently refuses to pay then you can use collect and pay which will lose you 4% but 96% of what he should pay is better than 0%. Plus he will be charged 20% extra, a nice little fee I like to call the arsehole tax.

[ThomasRichard]

Hmm ok, there are options. I love the tax, he would hate that.

[MakStout]

It's very easy, you call child maintenance options and explain that he's witholding maintenance as he disagrees with how much he ought to pay, they put you through to the child maintenance service, who will take details and sort out the calculations. They will get information from his employer and from hmrc to establish how much he should pay. They will then inform you both of the payments to be made and the dates they should be paid on. If the payment is late, or the payment is not for the full amount, you call them, they chase him up. He does it a few times, they can make him go to collect and pay, and if he doesn't cooperate they can arrange for it to be deducted from his wages before he gets them.
You will have to pay a £25 fee for starting a claim through CMS, but in my opinion it's a small price to pay for showing him you won't just let him dictate to you.