Child maintenance calculation

[Gibbsbasement]

Does anyone know if spousal maintenance (periodical payments) paid to the paying parent can be taken into account when calculating the amount payable to the receiving parent?

Totally separate I think, maintenance is calculated form earnings before tax, spousal maintenance goes on how long you have been married, the circumstances of both parties is of my understanding.
Not qualified just going through it myself

Thank you for your reply.

I'm trying to work out if CMS can include spousal maintenance as income when they calculate payments?

It seems unfair that the court awards spousal periodical payments to transition the worse off spouse into being able to survive alone and then the CMS can come along and award it back to the receiving spouse.

The CMS are being 'used' to retrieve a large chunk of the spousal maintenance.

So I suppose I'm asking are spousal maintenance payments treated as 'earnings'?

I know they are treated as earnings where certain benefits are concerned if that helps, as for CMS I am not sure, sorry I cannot help you any further. Hope it goes well for you.

Going through this myself. Almost certain SM is not classed as income.

@secretsout.Really? Please make this be true.

SM isn't counted as income when claiming tax credits either....I'm sure the wording on the tax credits form says something about 'state your gross/net income......not including maintenance payments', though I may be wrong.

CM payments are based on the payers weekly income net of pension contributions only. And if your Ex earns over £3000 per week you can apply to court for them to set the payments.

I was not sure, Secretsout, that is good to here.

Thank you!!

I'm getting a 1/2 hour session of legal advice through a Domestic Abuse charity next week.

Good to go armed with some knowledge.