Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to think CMS should be calculated of the whole years income?

6 replies

maliafawn · 06/07/2019 16:54

My ex has been MIA for 5 years. For all those years he has been placed on zero rate CMS due to no taxable income, and no benefits claim. He had an inheritance (we believed) he was living off, then he was living with a new partner who worked, he was providing childcare while she was the bread winner so he didnt have to pay then either. Then he vanished and as far as we knew, his situation never changed as the annual review for CMS never changed. Disgusting he was choosing to not support his 3 children, but hes an ex for a reason, nothing he does surprises me.

However, Its recently come to light that for most of the year he has in fact been in taxable employment, with reputable companies - not cash in had work. He has been conveniently unemployed in the months prior to his annual CMS review. Therefore his zero rate of pay towards the kids has been left unchanged. They have only taken into account his income at the time of review, not his income for the previous year! I have never received a penny off him, there are no arrears. Its says zero rate on every letter!

I work sometimes 60 hour weeks to provide for my kids. I never get a break, i never get a night off, or a night out. I pay for every single thing they need, want, and have, whilst he has been living the life of luxury, holidays abroad etc, and the government ran CMS has allowed this to happen. How is this right? Why cant we force absent parents to be accountable for children they produce

OP posts:
ThisMustBeMyDream · 06/07/2019 17:05

They do. If you have just had an annual review, they will have to use tax year 17-18 to calculate his income.
However if he is currently "not working" they have to assess based on his actual income. They will vary if earning 25% more or less than the last known yearly figure. He should owe arrears for when he was working though.

maliafawn · 06/07/2019 17:09

If the annual review was recently, wouldnt it be off 18/19 tax year? In which case i know he was employed for 10 months that tax year and the annual review came back as zero rate with no arrears to pay. He left that job in early march, and regained employment after the review, he started his current job in May. I have obviously informed them so see if i can get another review done, however, at the most recent review none of his income for 18/19 was included, which was the last tax period.

OP posts:
ThisMustBeMyDream · 06/07/2019 17:15

Depends if 18-19 had been updated. Sometimes it atill isn't confirmed in may/june. When was the annual review? It should say what year they have used on the letter.

maliafawn · 06/07/2019 17:40

Review was the end of may - right before he started his new job, apparently, he started as soon as he got his review letter. So if thats the case and its 17-18 tax year, will i have to wait till next years review for them to calculate based off the 10 months earning for last year? a whole year of single handedly supporting them again? Or will they investigate given the information i have given them?

OP posts:
ThisMustBeMyDream · 06/07/2019 18:40

I would imagine they would re-look. He may not owe you from march-may, but he certainly will have arrears from the time he was earning. Cms do make regular errors...

maliafawn · 10/07/2019 09:36

@ThisMustBeMyDream because i didnt contest the annual review within 30 days his whole earnings for last year are disregarded. They can only calculate from the time he started his current employment or from 30 after the review,so all arrears are basically voided. So yeah. CMS is disgusting and works in the favour of a lying father, not in the best interest of the children involved

OP posts:
New posts on this thread. Refresh page