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AIBU?

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Original poster

To go after ex for more child maintenance?

25 replies

Profe · 09/07/2022 10:49

Morning.

My ex and I share one child. For the past five years he has been paying £50 per week. He rarely (and I mean rarely, no more than 1-2 times a year) contributes money for anything else. The costs of raising DS clearly far outweigh his contribution of £50 per week. He never has DS overnight because his living circumstances aren't suitable and he does nothing to rectify this.

Due to the above, I went to the CMS, who have just calculated that he needs to pay £55 per week, which in my mind, is still a pathetic, paltry amount. I believe this is because CMS have based it on the previous tax year, where he was out of work and/or receiving furlough at periods. He has bragged to me that his current job, which he started 10 months ago, is paying him over £30k. This would mean he is earning much more, and I remember reading somewhere that if the paying parent is earning more than 25% extra, you can apply for a reconsideration.

Does anyone know if this is correct and/or successfully done it?

OP posts:
chilledbubble · 09/07/2022 10:53

That's correct and I'd do it.

BigYellowElephant · 09/07/2022 10:57

That's right but my ex is earning £58k and only pays me 50 quid a week per child - CMS said 45 each and he rounded it up. He doesn't have them overnight either. He does have 2 other kids so maybe that's why, but I'm not sure you'll get much more if he's only on 30k. The system is a joke isn't it

RandomMess · 09/07/2022 11:00

Having 2 other kids makes a massive difference to what the other parent receives.

Sundayfootball19288228282 · 09/07/2022 11:01

If he doesn’t pay into any work place pension, then per week on 30k he would have a take home of £576 , based on that figure per week and no overnights he should be paying ;

Your child maintenance

calculation is

£69.12 a week or £299.27 a month

It’s always worth asking the CMS to recalculate

Original poster
Profe · 09/07/2022 11:02

Apparently, on £30k, he should be paying closer to £70 per week. He has no other children.

It says online that "We use the other parent’s latest available income information to calculate your child maintenance. This may be provided by the other parent, HMRC, their employer or a third party such as their accountant." I am wondering where they have got him income information - if it's from HMRC then it will be based on the year where he wasn't working or he was furloughed. Is there a way of finding out how they acquired their information?

OP posts:
Sundayfootball19288228282 · 09/07/2022 11:03

It’s also easy for CMS to find out as they simply go to HMRC and ask for the last 3 months of wages .. . . It’s a v simple process. You don’t need to show or prove anything

Original poster
Profe · 09/07/2022 11:03

On the letter it states his gross income is "£435.53 per week". So sounds as though they have based it off last year?

OP posts:
Sundayfootball19288228282 · 09/07/2022 11:07

It would depend if he pays into a work place pension, as that is take into consideration - the amount if worked out before tax but after pension

Original poster
Profe · 09/07/2022 11:08

According to their calculations, his current gross income is £22,647.56. If he's on a salary of £30k, does that sound correct after pension contributions?

OP posts:
Original poster
Profe · 09/07/2022 11:10

It says online that "Gross income represents the total income from all sources, including returns, discounts, and allowances, before deducting any expenses or taxes." So it doesn't seem correct?

OP posts:
Viviennemary · 09/07/2022 11:13

I thought paying into a workplace pension was compulsory these days. I dont think his contributions would be a lot more than £50 a week if he is earning £30k a year. But by all means apply for more if you are finding things a struggle.

lonelydad2022 · 09/07/2022 11:15

Profe · 09/07/2022 10:49

Morning.

My ex and I share one child. For the past five years he has been paying £50 per week. He rarely (and I mean rarely, no more than 1-2 times a year) contributes money for anything else. The costs of raising DS clearly far outweigh his contribution of £50 per week. He never has DS overnight because his living circumstances aren't suitable and he does nothing to rectify this.

Due to the above, I went to the CMS, who have just calculated that he needs to pay £55 per week, which in my mind, is still a pathetic, paltry amount. I believe this is because CMS have based it on the previous tax year, where he was out of work and/or receiving furlough at periods. He has bragged to me that his current job, which he started 10 months ago, is paying him over £30k. This would mean he is earning much more, and I remember reading somewhere that if the paying parent is earning more than 25% extra, you can apply for a reconsideration.

Does anyone know if this is correct and/or successfully done it?

So take home pay 30k, he gives the child 250, he has 1750 for everything including housing, utilities and new family. Do you consider it pathetic?

Original poster
Profe · 09/07/2022 11:18

@lonelydad2022 To only look after himself? Yes. I do. He has no new family. No dependents or other DC.

OP posts:
Original poster
Profe · 09/07/2022 11:21

@lonelydad2022 If he is struggling to provide for himself (and himself only) on £1750, then perhaps he should look for a better paid job or another job on the side... like I have to, incidentally, to provide for our DC that he only pays £50 a week towards.

OP posts:
RandomMess · 09/07/2022 11:21

Just ask for a reconsideration as he's been in a new higher paying job for 10 months, not sure what the big deal is about asking.

lonelydad2022 · 09/07/2022 11:21

Profe · 09/07/2022 11:18

@lonelydad2022 To only look after himself? Yes. I do. He has no new family. No dependents or other DC.

Ok. If the salary is 25% more than the one in the previous year's p60, you can request a mandatory reconsideration.

lifeofaleo · 09/07/2022 11:23

I'm in a situation where I can't do much about it so he's basically won!
My ex partner (daughters dad) is now married with another child.
Him and his wife run a "limited" business and it's in her name.
He works and earns a lot! His wife pays him a minimum wage.
CMS came back to me and said £50 a month.
But they have a mortgage, big fancy cars, holidays to lovely places.

My ex partner doesn't see my daughter and cut all ties when he met his new wife. I have no contact for them, and can't prove to CMS as the business is in her name.

The CMS are a shambles and my daughter has missed out on so much as I can't afford holidays etc.
Their other child gets everything and I feel heartbroken for my daughter.

I hope you get it sorted OP

Original poster
Profe · 09/07/2022 11:28

I've reported a change of income on the CMS log-in website, stating the reasons I believe the calculation is incorrect. Is that how I request mandatory reconsideration?

OP posts:
Original poster
Profe · 09/07/2022 11:28

@RandomMess Please read my previous comment. Thank you for your help, it is really appreciated.

OP posts:
Original poster
Profe · 09/07/2022 11:30

@lifeofaleo They sound like absolute arseholes. I'm so sorry for your DD.

OP posts:
lonelydad2022 · 09/07/2022 11:34

Profe · 09/07/2022 11:28

I've reported a change of income on the CMS log-in website, stating the reasons I believe the calculation is incorrect. Is that how I request mandatory reconsideration?

Yes. I think it would be better if you explicitly say mandatory reconsideration.

BackToTheTop · 09/07/2022 11:47

My ex did this, was paying me a low amount we'd agreed years ago. He then started bragging about how much he was earning once when he was dropping dd off, we got on ok and would exchange pleasantries, but when he told me how much he was earning I couldn't believe it. I went into the cms calc and worked out he owed me at least double what he was paying me. So I got straight into the cms. He wasn't a happy bunny, but tbh he never paid extra, would keep clothes I sent over and often didn't have shoes or a coat for her so I felt justified in doing it.

Original poster
Profe · 08/09/2022 16:49

Hi everyone,

Just to let you all know I did mandatory reconsideration and the payment has gone up to £75 a week, from the £55 they originally calculated. Really pleased as this extra £20 a week will pay for a club that our child is really keen to do.

Thanks for everyones advice.

OP posts:
TrashPandas · 08/09/2022 16:53

Good result!

Original poster
Profe · 08/09/2022 17:57

@TrashPandas Thank you. No doubt I will get a barrage of abusive messages now, but at least it will be a more meaningful contribution for DS, and one that is calculated properly rather than just a figure my ex has plucked from the ether.

OP posts:
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