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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.

Original poster

How does child maintenance work

17 replies

300years · 12/05/2021 11:12

My expartner is on £117,000 as his basic salary. He can get up to 25% bonus in April but it is not gaurenteed. He pays 10% pension.

He is very controlling and manipulative. I am on £22,000 and to get a house I really need this CMS but he is not keen to share with me exact figures. He has insinuated he will increase his pension and even go self employed to reduce my payments.

How do we agree a figure.

He knows the kids staying over affects the payments and is now saying he wants them 3-4 days a week. Before it was 1-2 we agreed upon.

I want to avoid The payment thru CMS where they add on a fee.

Any advice.

OP posts:
IggyAce · 12/05/2021 11:17

You can use the online calculator to find out the minimum amount you are due, but if he’s going to be difficult and manipulative I would go thru cms as they will calculate the correct amount based on figures from hmrc.

Original poster
300years · 12/05/2021 11:39

Thanks I might call them.

Do they review his pay every year?

He said using the figure from the calculation is me taking him for everything and trying to get the maximum out of him Sad

OP posts:
Blueskythinking123 · 12/05/2021 11:54

The figure on the CMS is the minimum he should be paying.

Original poster
300years · 12/05/2021 12:07

Does that mean the cms could make him pay more or does that mean he could pay more if he was generous?

OP posts:
ThisIsStartingToBoreMe · 12/05/2021 12:25

The CMS can't make him pay more but he can pay more if he wants. Self employed people still have to pay CM so it won't make any difference if he goes self employed. Pension contributions will be taken into account though

copernicium · 12/05/2021 12:54

The reduction for contact is based on nights not days.

waterSpider · 12/05/2021 13:19

Amounts are based on income in the previous tax year. So, that extent, it includes any bonus or changes in income.

millymollymoomoo · 12/05/2021 13:59

So
He can increase pensions To reduce cms
He can increase no ofnights to reduce cms ( you need to agree residency and access separately)
Cms won’t make him pay more than the standard rates
You can apply I believe annually to have an assessment done

Original poster
300years · 12/05/2021 14:15

Ok thank you. I think I will benefit from a yearly review but I would rather agree an amount between us. The thing is he is not forthcoming with his expected amount this year. But if I understand correctly the amount for this year will be based on his salary last year?

Then the amount he gets this year (which could be substantially more I predict) will affect the payments next year, is this correct?

OP posts:
Original poster
300years · 12/05/2021 14:16

Ok thank you. I think I will benefit from a yearly review but I would rather agree an amount between us. The thing is he is not forthcoming with his expected amount this year. But if I understand correctly the amount for this year will be based on his salary last year?

Then the amount he gets this year (which could be substantially more I predict) will affect the payments next year, is this correct?

OP posts:
wobytide · 12/05/2021 14:33

Pay £20 for a CMS assessment and they will use the P60 figure that will just have been given to HMRC. He can then pay that amount directly to you, or if he refuses then you'd have to consider the other options where you do lose some of your money if they have to collect it but so would he(he'd pay 20% more in effect). Paying the £20 and getting a figure would be the sensible option if he isn't paying anything or giving accurate figures

Original poster
300years · 12/05/2021 14:34

Ok thank you. I think I will benefit from a yearly review but I would rather agree an amount between us. The thing is he is not forthcoming with his expected amount this year. But if I understand correctly the amount for this year will be based on his salary last year?

Then the amount he gets this year (which could be substantially more I predict) will affect the payments next year, is this correct?

OP posts:
wobytide · 12/05/2021 14:36

Or to keep the peace calculate a figure on the Governments calculator for free and base it on lower than his salary I.e £100k

He then has a choice of paying the unofficial amount of it works for you or you can go for the official amount via CMS and he pays more.

If you can manage with the self calculated figure and he thinks he's winning it may buy some peace and quiet whilst you get yourself sorted in your place and you can reconsider your options going forward

Original poster
300years · 12/05/2021 14:39

Ok thank you. I think I will benefit from a yearly review but I would rather agree an amount between us. The thing is he is not forthcoming with his expected amount this year. But if I understand correctly the amount for this year will be based on his salary last year?

Then the amount he gets this year (which could be substantially more I predict) will affect the payments next year, is this correct?

OP posts:
Original poster
300years · 12/05/2021 14:41

Ok thank you. I think I will benefit from a yearly review but I would rather agree an amount between us. The thing is he is not forthcoming with his expected amount this year. But if I understand correctly the amount for this year will be based on his salary last year?

Then the amount he gets this year (which could be substantially more I predict) will affect the payments next year, is this correct?

OP posts:
Original poster
300years · 12/05/2021 14:45

Ok thank you. I think I will benefit from a yearly review but I would rather agree an amount between us. The thing is he is not forthcoming with his expected amount this year. But if I understand correctly the amount for this year will be based on his salary last year?

Then the amount he gets this year (which could be substantially more I predict) will affect the payments next year, is this correct?

OP posts:
wobytide · 12/05/2021 15:10

If you go to CMS it goes on the previous P60 unless there are other factors I.e. pay increase/decrease due the next year or pay goes over £156k in which case you can apply to court for additional support in effect

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