My feed
Premium

Please
or
to access all these features

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Divorce/separation

Child maintenance

8 replies

Sally2791 · 04/07/2020 06:10

Does anyone have experience of exH upping their pension contribution to reduce cms payments? This seems totally unfair, he can load his pension for a few years, then when DC of an age he doesn’t have to pay anything, he can take 25% of his pension tax free. Is there any way to stop him doing this?
He has no sense of decency, and is well off.

OP posts:
Report
millymollymoomoo · 04/07/2020 07:37

He’s allowed to increase his pension contributions and cms will be calculated after that

Report
NotSuchASmugMarriedNow1 · 04/07/2020 07:54

Yes this is allowable and unfair I know. Is it going to make a lot of difference to the amount you receive?

Report
Sally2791 · 04/07/2020 12:08

Yes it is a significant reduction, I cannot understand why there isn’t a limit on this. For the next few years he could effectively put all his money into the pension, borrow/ sponge off the girlfriend, and pay her back (or not!) afterwards. He will leave no stone unturned in being as much of an arse as he can. His pride was severely dented by being divorced.

OP posts:
Report
RedRumTheHorse · 04/07/2020 12:14

He can't put all his money into a pension - there is case law about someone who tried this and maintenance was calculated like the person hadn't made any contributions - but can put a reasonable percentage into it. Reasonable means not all his salary.

Also don't rely on his CMS contributions as if he loses his job or becomes self employed you will get SFA.

Report
NotSuchASmugMarriedNow1 · 04/07/2020 18:42

It's a Mumsnet myth that self employed people don't have to pay child support. They do.

Report
Sally2791 · 04/07/2020 21:16

Thank you- I’m not reliant on cm but just disgusted although not surprised that he continues to do battle. Why not just accept that he has been divorced, dc chose to live with me, he can well afford to do his legal bit(and much more if he chose) to support them.

OP posts:
Report
Lostmyshityear9 · 05/07/2020 10:59

It's a Mumsnet myth that self employed people don't have to pay child support. They do

Sure - but there are plenty of ways a self employed person earning mega bucks can reduce their contribution to a £7 a week minimum. And there are ways that can be done legally, let alone by someone who really doesn't want to pay. My ex has got away with it for over 10 years. He's very clever with it and difficult to catch out - lord knows I have tried! There isn't the political will to enforce child maintenance when someone is prepared to go to great lengths to evade it - the odd stint in prison, removal of driving license and passports, even selling a house means very little to these (mainly) men.

OP - if your ex is PAYE maintenance is a relatively simple issue. By far the majority will leave it at that and you should find that within a few months, you receive regular maintenance. If he has contact with someone who knows all the tricks, however, and he is unable to get over himself (this seems to be key!), you may be in for years of frustration. He can reduce his income through the pension contributions and that may work for him now but longer term, as he moves on, wants to buy a bigger house, gets a new wife and children perhaps, things may change. Or they may not. The way I have managed is to throw everything I have at living a good life - I work damned hard for the money we have and we make it work for us. Believe me, your children will know.

Report
Frankola · 05/07/2020 13:31

Theres a limit to how much he can put in to his pension but yes he can do this and it reduces his maintenance.

It sucks I know.

Report
Please create an account

To comment on this thread you need to create a Mumsnet account.