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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Can someone settle this Child maintenance debate?

93 replies

SpongebobNoPants · 23/04/2022 14:48

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

OP posts:
SpongebobNoPants · 23/04/2022 21:42

dustandroses · 23/04/2022 20:07

I get that you’re pissed off that he is calculating how he can pay the minimum and won’t even pay for a haircut. I know it’s all the same pot but you’re choosing to use the cm for childcare costs but you would have to pay these even if he gave zero cm.

I think the child care costs come out of your income as they are an expense related to your employment. You then have £250 cm for other costs such as clothing, school trips, haircuts etc.

Or he could not be an arsehole and split the picking up / dropping off of his child?
But he won’t commit to helping out

OP posts:
dustandroses · 23/04/2022 22:45

He’s not going to do this to facilitate your working if he won’t even buy calpol though.

TigerLilyTail · 24/04/2022 01:10

It’s not fair at all but I think, unfortunately, you can’t force him to give a damn. If you don’t send your son with clothes and he refuses to sort clothes out for him, then ultimately it is your son who suffers.

I do think it may be worth going through CMS just so he can’t hold the threat of reducing maintenance over you.

I wish there was a better system or a way of making things fairer somehow.

TiptowThroughTheToadstools · 24/04/2022 01:15

OP here is the link

www.gov.uk/calculate-child-maintenance

It specifically asks for income before tax and NI but after pension contributions so your ex is wrong.

SpongebobNoPants · 24/04/2022 01:21

dustandroses · 23/04/2022 22:45

He’s not going to do this to facilitate your working if he won’t even buy calpol though.

I know. This wasn’t my question either.
I was asking whether because he files tax via IR35 do they base it off £33k or £25k.
Like I said, I’m not hard up but I also strongly believe he should contribute what he is legally obliged to towards our son, especially as he won’t as a one off even pay for a £10 haircut.
The other comments I made about him never paying a penny extra and me covering absolutely everything are semantics…. But I won’t have him under paying either

OP posts:
Murdoch1949 · 24/04/2022 01:49

There are some deadbeat dad's out there who resent any payments. My s-i-law managed to get his payment for my darling 16 year old granddaughter down to ... 50p a month. God knows what he claimed he was earning. All while living alone in a 4 bed detached house while his daughter lives in a tiny 2 bed housing association terrace. Then, when he sees her once in a blue moon he bungs her £100, grandstanding twat.

SpongebobNoPants · 24/04/2022 01:54

Murdoch1949 · 24/04/2022 01:49

There are some deadbeat dad's out there who resent any payments. My s-i-law managed to get his payment for my darling 16 year old granddaughter down to ... 50p a month. God knows what he claimed he was earning. All while living alone in a 4 bed detached house while his daughter lives in a tiny 2 bed housing association terrace. Then, when he sees her once in a blue moon he bungs her £100, grandstanding twat.

What an utter cockwomble. Your poor granddaughter

OP posts:
BadNomad · 24/04/2022 03:31

You don't need to provide things for your child other than the clothes on his back and the shoes on his feet for when he's at his father's house. You don't get CM for those days because those are the days his father is supposed to cover. So I would tell your ex that if he does reduce the CM then he will just have to make sure DS is clothed, fed and entertained himself when he's there. That will cost him a lot more than the £32 he is threatening to take off you.

iRun2eatCake · 24/04/2022 05:09

SpongebobNoPants · 23/04/2022 15:33

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!

Good grief.. absolutely stop sending stuff to his. It's up to him to provide when he has him

bbn81 · 24/04/2022 05:54

Can I just check that you are claiming child benefit, you haven't mentioned it but you should be claiming this as main parent would would another £140 a month. Tax free childcare is also definitely a must and can be used for all registered childcare. A school should be registered.

Unsurprised456 · 24/04/2022 06:12

Child Maintenance is the MINIMUM a NRP should pay towards a child.
why NRP feel happy in the knowledge they are paying the minimum I will never know.
i know a chap who is self employed and pays himself basic wage to keep the maintenance amount down.
to spite your own flesh and blood 😱
its gross income on the calculator.

Countdownis35 · 24/04/2022 06:16

Go through CMS because you will get will have written evidence of his monthly salary and yearly. You can see increases of earnings so he can't worm out of anything OP DS dad earns a bit less and through CMS I get £267.

Flyingskunk · 24/04/2022 06:48

My friend has this her husband has a successful business and before they split he told her it was doing well. They kept their finances separate but she saw that he had a good amount saved in an ISA.
He left for someone at work and pays my friend £150pm. (2 kids friend works PT)
They remortgaged for 2 years in order to get divorced etc.
When he finally handed over his earnings for the remortgage he was earning £14k PA because he was pushing through so many expenses through his business ( new car etc) in fact the business was making a loss on this basis and the £14k income was from another source.
I believe as a self employed person there is nothing you can do to stop this.
He clearly has plenty of money as renting a house and on lots of trips with new woman.
His income will be after his expenses but before tax.

ChoiceMummy · 24/04/2022 09:32

SpongebobNoPants · 24/04/2022 01:21

I know. This wasn’t my question either.
I was asking whether because he files tax via IR35 do they base it off £33k or £25k.
Like I said, I’m not hard up but I also strongly believe he should contribute what he is legally obliged to towards our son, especially as he won’t as a one off even pay for a £10 haircut.
The other comments I made about him never paying a penny extra and me covering absolutely everything are semantics…. But I won’t have him under paying either

These pages explain it all from a payees perspective
forums.contractoruk.com/umbrella-companies/143405-inside-ir35-contract-and-child-maintenance.html

forums.contractoruk.com/accounting-legal/118561-child-support-tribunal-umbrella-companies-2.html

UnicornPooPoo · 24/04/2022 09:43

JanetPluchinsky · 23/04/2022 15:11

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.

Maybe but how can you say what someone else earns?

SpongebobNoPants · 24/04/2022 10:44

bbn81 · 24/04/2022 05:54

Can I just check that you are claiming child benefit, you haven't mentioned it but you should be claiming this as main parent would would another £140 a month. Tax free childcare is also definitely a must and can be used for all registered childcare. A school should be registered.

No I don’t claim anything. I’ve just put through the CB calculator based on my DH’s potential salary for this year (£60k as he’s doing a lot of over time) and it looks like we’re not entitled to anything as it says that CB for the year would be £1,885 but the estimated tax charge is £1,885 so it looks like I’d just have to pay it all back in my husband’s annual tax return.

OP posts:
ChoiceMummy · 24/04/2022 12:01

SpongebobNoPants · 24/04/2022 10:44

No I don’t claim anything. I’ve just put through the CB calculator based on my DH’s potential salary for this year (£60k as he’s doing a lot of over time) and it looks like we’re not entitled to anything as it says that CB for the year would be £1,885 but the estimated tax charge is £1,885 so it looks like I’d just have to pay it all back in my husband’s annual tax return.

No, you really should claim it if you're not working, as it means that you accrue your NI contributions towards your state pension.

SpongebobNoPants · 24/04/2022 12:27

ChoiceMummy · 24/04/2022 12:01

No, you really should claim it if you're not working, as it means that you accrue your NI contributions towards your state pension.

Who said I’m not working? I work full time 🤔I’ve stated several times that I pay for 90% of my son’s expenses.
CB is calculated on the highest earner in the household / marriage which is my husband, so I used his wage for the calculation.

OP posts:
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