Can someone settle this Child maintenance debate?

[SpongebobNoPants]

Ex and I have a private agreement for CM, not through the CMS.
He is a contractor working in the IT sector getting paid £33k annually.
He is arguing that CM is based off his net income of £25k but I’m 99% sure it goes off gross income regardless of whether you’re on a fixed term contract or full time employee.

I’ve googled it but I’m not getting a clear answer. Can someone with more knowledge clarify?
I thought bonuses / over time / shift allowance was included in the gross amount also

Just spoke to DH and he says it's based on you net wage. He looked it up on either Citizens Advice or a government website, can't recall now.

The figure they ask for on the calculator is: Total income from employment or self-employment, before tax and National Insurance, but after pension contributions.

You can put the figures in the CMS calculator online, this is what it asks for -

What is your total taxable income?
This is your total income from employment or self-employment, before tax and National Insurance, but after pension contributions. This can be weekly, monthly or yearly.

To clarify, I don’t care. The child maintenance he pays barely covers the cost of wraparound care at school which enables me to work, I therefore cover all my child’s costs. I just feel he’s being petty as I asked if he’d take him to the barbers today before bringing him home as I haven’t got time and he’s arguing the toss with me over £10 and is now saying he is over paying CM.
It really is pathetic.

Looks like it's gross to me.

So based off total annual revenue (£33k) on this it looks like it should be £280 a month.
However if it is based off net then it should be £218

Do you mean gross income (as in before tax and NI) or total taxable income including bonuses and overtime?

CM is based on gross income ie before tax.

Bonuses and overtime can be included if they are regular and predictable. He can apply to the courts to have them disregarded though. The CMS take the average of 3 payslips. If he is self employed, they work out his average weekly earnings based on his gross income from his last tax return.

It’s based on gross.

But also, he’s lying about his income. There’s just no way he’s only on 33k if he’s contracting in IT. More like twice that.

No idea where he looked, but your husband is wrong.

What’s confusing me is because he said he can claim tax free expenses? He said because it’s IR35 they deduct these costs before calculating CM?
Is that right?

He’s currently paying £250pcm and never a single penny more… nothing towards unicorns, clothes, school trips, literally will give nothing extra to help so I cover all of these costs. I know legally that’s his choice, however it feels as if he’s trying to reduce the monthly amount to £218 which would leave me short.
This month I’ve had to buy new school shoes, and due to our son having a massive growth spurt I’ve had to spend another £150 replacing his entire wardrobe including pants, socks, pjs… literally everything 😩

So I asked if he’d mind taking him for a haircut before he brings him home. You’d think I’d asked him to pay my bloody mortgage!

Uniforms… my child certainly doesn’t get unicorns bought for him 😂😂😂

What a shit dad he is begrudging his own son a £10 haircut.

It's gross less pension. When my ex gets pay rises he puts this into his pension as to avoid paying more CM.
Hes a prince amongst men.

He said he can’t afford it this month as he has no money left. If that’s the case then fair enough, I’m sometimes left tight just before payday but he’s in the pub all of the time and is going to a sports bar tonight to watch the boxing… couldn’t he just have a couple of less pints?
He is incredibly selfish, that’s why he’s my ex!

Go through CMS sooner rather than later. Depersonalises it and they’ll get updated figures each year. Wish I’d done it - my ex claims his income hasn’t risen in 10 years from a very low start after 2 years earning nothing. Previously he wouldn’t have got out of bed for less than £100k. But I didn’t want to rock the boat etc etc. I’m a complete mug. On the upside, I won’t miss it when it stops shortly, which many of my friends are struggling with. But even my ex wouldn’t have quibbled about a haircut!

To be fair if he hasn't budgeted for a haircut I can see why he might not the cash until pay day. In which case I'd say no worries, after payday then?

Sorry, meant to say, present it as he thinks one thing, you think another so much fairer to let CMS sort it.

This sounds good to me.

What’s confusing me is because he said he can claim tax free expenses? He said because it’s IR35 they deduct these costs before calculating CM?

So he's self employed and does a tax return? If so it may be his "gross" income is like his "turnover", then costs deducted then he pays tax on the rest i.e. his "profit"?

Why don’t you apply through the cms? If he’s not self employed to hide some income then you’ll most likely end up getting more?

He’s said “Under IR35 you have employee costs which means you earn less than before tax and NI. Therefore I am overpaying you. Be grateful for what you get or I’ll reduce it to what it should be”.

To clarify, I never asked him for anything over CM because it simply descends into a full blown argument from him and I didn’t question the maintenance amount, I just said I’d had a huge amount of expenses for our son this month and would he please pay for his haircut.

I honestly feel like saying I will no longer be sending him with an overnight bag and he will have to provide clothes for him at his house. I’m paying for everything currently!

I actually asked, he said no, I said “No worries, I’ll just get it done on Tuesday when I get paid”.

He then kicked off and said “I give you more than enough, don’t ask me for more”

I was taken aback and said “Well it doesn’t go far to be honest between childcare costs, all his other expenses and feeding him 23 days a month. It barely covers the childcare so I can work to cover everything else”.

I think this is it which is what’s confusing me. So does it go off his “profit”? Or the gross turnover?

He’s just such a stingy b*stard. I hope he doesn’t reduce it further!

Might be worth asking the CMS what variations they allow. As far as I know the paying parent can ask for things like paying private school fees and debt from a previous marriage to be taken into account (not sure their criteria for accepting this) and then there's other variations which should increase the amount.