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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.

CMS question

4 replies

Shesheadingonin · 21/02/2021 12:07

Hi, we tried financial mediation but STBXH isn’t budging from a 50-50 asset split. He is also against equalising our pensions.

My question is: he is a self employed sole trader earning £115k. For balance, I earn £35k. During mediation, he said that he had to pay £35k in taxes so the mediator based his income on £80k and did the CMS calculation based on that amount. Is that right?

He also insisted he would be having the kids 1-2 nights a week despite my teens not wanting to stay that often but I let him go with that as they could change their minds!

OP posts:
HosannainExcelSheets · 21/02/2021 12:44

I strongly suggest that you file a form A and go to court. He sounds like he's used to getting his own way and will need to be told that it's not actually a fair outcome before he budges.

waterSpider · 22/02/2021 20:30

No it's wrong it's based on gross (i.e. taxable) income.

harknesswitch · 22/02/2021 20:43

Cms Is calculated on gross annual, so you've been quoted incorrectly.

Tbh it sounds like your stbx is trying to pull a fast one. He can refuse all he wants, but I'd suggest you getting decent legal advice and taking it to court, he can 'want' all he wants, but it's not his decision

Shesheadingonin · 24/02/2021 15:39

Thank you for your replies x

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