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Child maintenance and self employment

2 replies

Survivor2019 · 04/12/2019 18:49

My ex is self employed and we have an agreement between ourselves of what he is to pay weekly. If he decides he can’t be arsed to go into work (which is a lot) he doesn’t get paid for the days he doesn’t go, so the week after when he gets his wage for that week he will pay me less maintenance. Is this right?
Someone told me this week that the maintenance for self employed payers is based on last years earnings and not what they earn week by week this year.
They also told me that if he had a week off work and didn’t get paid then that weeks maintenance would just be added onto the following week and he would have to pay double. Struggling to get through to CMS for any real advice. Can anyone help?

OP posts:
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Anotheruser02 · 04/12/2019 21:38

I believe you were advised correctly about it going on last years earnings.

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beckyvardy · 04/12/2019 21:48

Yes that's right.

If you can agree between you then great as I am at the end of contesting the amount with my ex.

I had to go to court and they agreed the CMS had it wrong. He didn't attend any of the court hearings and now they have based the amount on what someone in a similar role in a similar area would earn.

I know what he earns and it's literally half the amount but still works out four times as much as what he was previously paying.

This whole process has taken 12 months.

I've found the CMS to be next to useless and unsupportive.

He owes 5k of payments. They agreed he can pay it off at £10 a month. It will take until she is about 25.

If someone is self employed they don't seem to be able to do anything much really.

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