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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

I am such a t*t. Miscalculated statutory CM. Plus...should bonuses be taken into account?

4 replies

ScandiCinnamon · 26/07/2018 15:21

I had a wakeup call today when I realised that somehow I have managed to miscalculate the statutory CM with (drum roll) over £200 Shock I have no idea what I have done. Either way this difference is a bit scary as I am now budgeting with a large amount less. Anyhow. It is what it is. So, now for the question. Soon to be ex OH receives a bonus annually. It is included in the P60 and taxed. So, should the bonus be taken into account when calculating CM? For the record I am not sure of what he earns. Have never really as he has never wanted to divulge exact figures. So, how on earth can I make sure that the correct salary is used when making CM calculations without taking him to court?

OP posts:
MissedTheBoatAgain · 27/07/2018 01:41

To OP

Sounds like CMS have not yet been involved? Maybe you need to make an application through CMS as they can access HMRC and will be able to see your Husband's Tax Returns and hence total income for the year, including bonus.

Megan2989 · 18/08/2018 14:30

Bonus is not included but CMS will be able to calculate via HMRC if he does not disclose the information himself.

NorthernSpirit · 18/08/2018 15:37

You don’t go to court for CM you need to lodge a claim with the CMS.

dungandbother · 18/08/2018 20:14

If the divorce isn't signed the. The deal isn't done.
Change it.

Ask in writing for his salary to calculate. If he refuses then do the child access details with your court order via divorce proceedings and then simply open a claim with CMS.

Keep the two things separate. Maintenance happens whether it's on your court order or whether you open a case with CMS. it's not part of your financial settlement per se.

I had a court order. He failed to pay it. Eventually I opened a CMS case and it cancels the court order. So i assume you're getting substantially more than CMS guidelines dictate, go back and re negotiate.

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