Childmaintenance - should gross annual income be used for calculations (even if that would include bonuses)

[NoMoreLimbo]

Hi all. Another CMS question.

My understanding is that CM is calculated on gross weekly salary. I have been thinking all along that I would get this figure from my ex's monthly payslip, but then read that if the CM people work it out they do it on gross annual income. This, the gross annual in regards to my ex would then also include bonuses etc, which is a twice yearly occurence. He will not be at all happy about this and will probably try and avoid it. Am I correct in thinking that the CM people would actually include his bonuses (as this is part of the annual income)?

[Faster]

That’s how me and my ex have worked it out. His monthly salary fluctuates (he gets a basic rate each month) depending on sales, so we calculated maintenance on the previous years P60, we haven’t needed to go via CMS, he just transfers the money monthly.
He was a bit put out at first, but understands that he needs to budget accordingly and that months when he would earn more he would have been paying more if we were still together.

[MargoLovebutter]

The CMS get their information from HMRC, so it will include whatever your ex has either declared himself, or his employer has declared on his behalf - if he is employed. If he is employed, his employer will have had to declare the bonus, so HMRC will have the details for the last full tax year.

[MissMalice]

CMS include bonuses and taxable benefits like private healthcare and company car in their calculation. He can’t avoid it. If he doesn’t pay what he should, contact the CMS straight away (they don’t backdate). It will cost you £20 to open the claim and they will check with HMRC at every annual renewal.

[wobytide]

As per Faster, just get the previous P60 divide by 52 and use that figure, following year do the same. If they think their income is going to drop substantially that the next years payments could be hard work then you would need to figure out a way to manage it. CMS would just use the same method anyway based on what is submitted to HMRC

[NoMoreLimbo]

Thanks all. Very much appreciated.

My ex OH is shouting and swearing very much totally against paying any CM at all, so this shall all be very interesting.

How would I prove to the CMS how many nights they are with me vs him? I have on email from him the pattern we agreed between ourselves (he will have them 3 nights a week, which is what he has written in the email to me). Would that be enough?

We will be under separate roofs from early parts of next month.

[MissMalice]

In the absence of a court order, the CMS will calculate based on what you say about the number of nights if there is any disagreement.