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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.

Child maintenance quick question

11 replies

clpsmum · 10/10/2019 18:58

Is maintenance done on the yearly p60 or is it just the average wage? Stbxh saying overtime shouldn't be considered when he's paying maintenance.

Also he doesn't want to pay maintenance for one of our DC because he is disabled and awarded DLA, is this right?

OP posts:
Wonkydonkey44 · 10/10/2019 18:59

No he has to pay cm for all his children and yes he will pay cm on all his wage .

clpsmum · 10/10/2019 19:04

Thank you @Wonkydonkey44 that is what I thought but he thinks I'm @screwing him over"

OP posts:
ArnoldBee · 10/10/2019 19:09

Sometimes if the overtime is not guaranteed there can be an argument for it not been included.

waterSpider · 11/10/2019 11:57

If you go through the system (CMS) then those answers are right. They use the most recent P60, using all sources of income such as bonuses or overtime. This can be reduced if the payer's income changes a lot since then. Child getting DLA makes no odds.

I can sympathise with the payer if overtime takes him into a new tax bracket, and then most of the money is going to the HMRC, then you, and a reduced amount to him. But they are the rules … though of course you are also free to come to your own agreement, and that might be sensible if his reaction is otherwise to stop all overtime!

clpsmum · 12/10/2019 08:21

@waterSpider not the case at all. Was advised by a solicitor to to arrange mutually 19% of his p60. I however settled on 15% but he has now further reduced it to 9% as he thinks I'm screwing him over and is trying to reduce it again.

OP posts:
Singletomingle · 12/10/2019 08:26

Overtime and bonuses count even if not guaranteed. It is worked out as an average over last 3 payslips.

BuffaloCauliflower · 12/10/2019 08:29

Paying for his children is screwing him over? What an arsehole

clpsmum · 12/10/2019 08:56

@BuffaloCauliflower oh if only you knew! That is the tip of the iceberg. Horrible hate filled man. If I knew then what I know now ........

OP posts:
mummmy2017 · 12/10/2019 08:59

Go for all you can.
If he is hateful, he always will be.

clpsmum · 12/10/2019 09:26

@mummmy2017 I agree with you. I always wanted to be fair and split 50:50 and consider his feelings but he's pushed me over the edge now. I couldn't care less about his feelings and will go for whatever I can to secure my children's future. He told me last week he hopes I die a long painful death of cancer ASAP so I had an inclination of the pain he feels of us splitting up (after he cheated)

OP posts:
mummmy2017 · 12/10/2019 22:31

If you get child support to do it they charge him extra as well...
Why do patents who pay moan so much about it, the amount would not feed and clothe their child.

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