Sorry, it’s another Child maintenance one

[Mooey89]

ExH abusive violent prick, won’t bore you with that
Just finished up a year in court, non mol order, live with order, but Cafcas happy that his 6 weeks of anger management adequately reduce the risk enough that he now has every other weekend.

So, of course the first think he does it tells CMS he’s now got ‘shared care’ and now has the 52-104 night reduction.

I’ve just done the calculator based on what his salary was 4 years ago when we split (same job and 2 promotions down the line now) and it’s coming out at £199 per month they are saying he needs to pay 163.

They haven’t sent me proof of how they’ve confirmed him income or how they’ve worked it out, I’ve asked for this.

I’m also wondering, he receives £450 per month from a lodger, does this count? CMS are saying only if it income through HMRC - does it need to be?

I’m fucking livid! This is the man who won’t pay for anything, i send him in clothes and with food because ‘that’s what my maintenance is for’. If I didn’t then he wouldn’t do it!

His family are loaded, think private schools, massive houses etc etc, they recently gave him 60k towards his mortgage, but again, this isn’t taken into account?

Please help me navigate this system!

No experience with it but I know my friend uses CMS with a similar delightful EXP.
If DS only stays over one night a fortnight that’s not shared care, from our experience it’s one night a week for the reduction in payments.
He regularly doesnt pay the money though and his parents have to go round to her house and give it to her out of their own pocket.
Definitely organise so it’s official and it gets taken straight from his wages rather than relying on him to pay it.
Again, I could be wrong as this isn’t firsthand experience - just wanted to share.
her exp is horrible, wants to do all he can to not be involved with his DD whilst calling her a shit mum via abusive texts constantly because she occasionally has half a bottle of wine with me on a Friday whilst her school age daughter is in bed, yet he pisses his wages from his factory job up the wall whilst sponging from his parents.

Firstly, stop sending food for your child. If you are genuinely doing this, stop.
Secondly, yes re taxable income from lodger. Not declared, not counted.

mine does it need to be declared though? I know there is a certain amount that you can earn through lodgers?

And blackcoffee
It’s friday -Sunday every other weekend

Just because the rent a room scheme is (or at least, was) tax free (up to £325 a month I think) doesn't mean you don't have to declare it.
he does have to declare it to hmrc (even if no tax due) and he could face a penalty for not declaring it and filing a tax return even if no actual tax is due. I'm not up on the recent amounts so don't know if £450 would be tax free - I suspect not. But in any case he does need to declare it, it's still income and so it counts towards child maintanence.
I wouldn't faff about with the CMS though. Tell HMRC you suspect he has undeclared income and may owe tax on it.
If you're wrong nothing will come of it, but if you're right then they may do something (though at snails pace.)

he'll be claiming it under the rent a room scheme so won't pay income tax on the first £7500.

Tell him you won't be sending food or clothes as he now pays less maintainance which covers the time tehy are with you, not the time they with him. He either claims shared care or he doesn't, but he can't have his cake and eat it. Even tax free income is taken into account, the only thing that isn't are pension contributions as they use gross income now not net.

Apply for a variation for additional income if you think he has other income but if it's cash in hand and not declared then it won't be included. Same as working cash in hand, it's illegal and can't be proven but you can report him to HMRC for tax evasion.

The calculation, you are entitled to 12% of his gross salary as per the last hmrc record for him. He will be given a reduction of 1/7th for the overnight stay

So for example.
12% of 25000 = 3000
/ 365 days of year = 8.219
X 7 days of week = 57.53

• the overnight stay = 49.32

No other income comes in to consideration the same as none of your income would be considered, which is only really a good thing if you're loaded. Sorry. Other children in his household can be counted as dependants even if not his but no other spouse/household income will be included either.

This is what I can’t understand May

When we split 4 years ago he was on 25k, that’s what I worked it out on.

He does have a child, who lives with his parents but he claims she lives there (and he gets the CB for her), so understand this has a reduction but I did put this into the calculator and it can put with 44 per week, but CMS are saying £163?

Even disregarding the lodger issue (thank you for clarifying), I can’t understand how they’ve worked it out?
Surely they have to be transparent and show us both how it’s worked out?

Yes you should def have a calculation letter that breaks it down for you. Call and ask for it if you haven't received it.

The calculation would differ in that he would receive an 11% reduction on his gross before your 12% is calculated

He must have another reduction for something or the income has decreased. Although you say he's had promotions. I would def query it to put your mind at rest

He doesn't need to report lodger income under the Rent A Room Scheme, as long as it is under the £7,500pa. There is no requirement to declare this on the tax return, it's an automatic entitlement.
Sorry, you won't get more from him for that, as unfair as that is!