in previous years ex has earned between £500-550 per week and has paid child support based on this amount via a DEO due to non payment.
To my knowledge the annual review is calculated based on HMRC data on the NRP’s average weekly earning for the previous financial year.
At my annual review for 2024 his payments were recalculated based his previous years earnings which were £800ish per week which is a significant increase and is over the 25% that warrants a recalculation.
A new monthly amount was calculated and was quite a bit higher than last year.
He then proceeded to file a mandatory reconsideration claiming that he no longer earns this amount.
The CMS have agreed that from his last wage he is earning approx £500 per week again and they have reduced the calculation accordingly, as his income has reduced by more than 25% of the annual review.
I am not questing the recalculation as they can only calculate based on what HMRC reports, but it is my understanding that he should have reported this increase in earnings and had a new calculation at the time he began earning more.
He has effectively earned over £15000 more than what they have calculated and has not had his DOE increased.
Either I am understanding the process completely wrong or they should be backdating the increase in earnings for last years Annual Review, as that year he earned over 25% more and failed to report it as required.
If not, does that mean a non resident parent can earn a larger amount than assessed and at each annual review reduce hours etc to lower the calculation and then once it is completed start earning more again?
I don’t ‘need’ the money as I work full time and budget so I am not relying on this money, but this is the only way that he provides for the kids and I am rightly or wrongly frustrated that he is able to do this. As he has actioned a MR my only option now would be to appeal the decision and ask them to retrospectively adjust what last years annual review should have been and add it to his arrears.
he has been dishonest trying to cheat the system imo.