CSA or Not?

[AustinRd]

So background is STBXH currently pays as per the online calculator, part via his employer childcare vouchers the rest via online banking. This is clearly meant to be the minimum and I had hoped we could take a practical approach to “one time costs” like school residential trips, annual subs etc. His stock response is “I pay you enough” which is somewhat disappointing but he’s always made it about me and not looked at this his contribution towards his children and supporting opportunities for them to have experiences etc. Anyway it got me thinking about his income and whether his annual bonus should factor in the CSA calc (his bonus alone is £20-30k) He has always said not but if it were maybe I could swallow the one time costs.
Any experience on this? He’s dragged me through court at every opportunity and is pretty vile so I know asking the CSA to calc will cause drama but I have to focus on this being for the kids.
Also re pension deduction is it basic company deductions that count as I know he has maxed out his voluntary contributions as he believes these count to try and stop me going to the CSA (in-line he’s used basic company) TIA

Hi OP I would recommend you go via the CMS. It takes a lot of the emotion out of it. They will assess what he should pay from HMRC records so yes this would include his bonus. He has done his research regarding his pension and is correct that his income is calculated after pension contributions.

He really doesn't want to pay and therefore you are better going via CMS. Sadly many of us on here are used to hearing "that's what maintenance is for" - this mythical monthly payment which keeps our children in turtle soup fed with a gold spoon.

Thanks for the swift reply. Re pension contributions so if he chooses to give up salary over and above what he has to pay to be in his company scheme that will be taken into account (this would most likely mean his payment to be would decrease) As a high earner he’s now choosing to pay 33% of his salary into his pension (normal contributions are 5%). That would seem like an avoidance tactic especially as I won’t see any of his pension!

I’m just thinking he will likely choose to sacrifice his bonus Under salary sacrifice too as this is a tax efficient route to pension saving. Which means I could lose the calc in his bonus and 29% of his salary. Seems crazy to me

He could sacrifice his bonus into pensions but note there is an annual limit of £40,000.

I would recommend you call CMS and discuss the situation with them. It takes ages to get through but might give you the information you need.
I think there might be something where a sudden increase in voluntary pension payments might be excluded from the exclusion (if you see what I mean) so you might get that information in which case the sooner you opened a case the better as then it would be evident he's done it to avoid maintenance rather than just high payments into pension that were in place before you separated.

Thanks I think I’ll speak with my solicitor as he’s currently threatening court as he wants the house sold (I’ve offered to buy him out) which is probably his idea of “winning”. After a year of court over the kids I’m exhausted, and broke! Will I ever be free of my emotionally abusive ex? I just want to get on with my life and start putting the kids back together. I had so hoped that 2019 would at the very least see child arrangements agreed, and finances sorted so I could submit for my Absolute early in 2020, instead it drags on...

sounds like you were married to my ex - a total narcissist.

It's taken 3 years of ongoing court battles, letters from his lawyers, control and harassment from him directly, police, social services, Cafcass, child psychologist for my traumatized kids, to get to a place of relative peace - but only because I have completely blocked him from my life.

He doesn't pay what the CMS have ordered him to pay and I am trying to set up the Click and Collect service but it takes AGES and he keeps moving the goalposts, claiming his earnings have changed (self employed), which they have to investigate every time. It's exhausting and boring dealing with such nonsense.