Child maintenance...is stbxh right?

[Marlboroandmalbec34]

Recently separated. 2 very young dc. Stbxh earns decent salary + commission BUT he only started the role at the end of 2017 after 3 months of unemployment.

He is saying I am only entitled to maintenance worked out on his last year P60 which is massively lower than his actual earnings...is this right?

Even if it’s on his actual earning it won’t cover my nursery bills but if it’s on last year I am basically screwed as my earning will just cover rent and food

He is in family home, looking at buying me out but dragging his heals

It should definitely be based on what he is currently earning!

You need to see a solicitor ASAP. If he's coming out with bs like that, he'll be looking to shaft you in a big way. Why's he in the family home?

Do you know if it included commission? Some months he doubles his net with commission.
Let’s say has salary is £40k but he will probably earn £70k this year with comms but some months be high and some just basic salary?

I’m not legally trained and don’t work for the CMS but I can’t imagine commission or bonus is taken into account unless it’s guaranteed. It wouldn’t be elsewhere.

The CMS can look at his tax record with HMRC. So if he paid tax on his bonuses, surely he'd have to pay you your share of the bonuses too..?

For information, my ex could earn a substantial bonus every year based on hitting targets. Part of our consent order states that ex has to pay me 50% of his bonus up to a set amount per year. Now as much as i hate my ex he has no problem financially providing for our dc and was happy to give me more of his bonus. I would insist on something being added to the consent order to do with his bonus, esp if you will struggle to pay nursery fees.

To OP

CMS initial assessment will be based on the most recent HMRC Tax Return available. Filling date deadline for 2017-2018 is 31 Jan 2019. So maybe the 2017-2018 Tax Return is not yet available to CMS? If so CMS will have no other option other than to use the 2016-2017 Tax Return.

If his current earnings are 25% more than the Tax Year being used by CMS then they can make another assessment before the annual review date. However, CMS may ask you to provide the necessary information?

Bonus and commissions can fluctuate massively throughout the year and would be difficult to forecast in advance. However, such income should be included in the Tax Return. So you may well have to wait until the Tax Return is available to CMS from HMRC before bonuses and commissions are assessed.