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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.

Does CMS take savings and property into account

7 replies

Bluesk89 · 25/03/2025 13:33

The online calculator does not, but would going through a full CMS application take it into account?

RP and NRP have similar, average, salaries but NRP holds around £250k in property and £250k in savings/investments.

OP posts:
Fuuuuuckit · 25/03/2025 13:37

Short answer is no

If you were married the financial agreement upon divorce would split assets more fairly?

BaronessEllarawrosaurus · 25/03/2025 13:37

Possibly, cms takes taxable income into account so potentially interest from the savings and income from the property if it's rented out.

Runnyyolkplease · 25/03/2025 13:41

The assets should have already been divided up as part of a financial order if married.
CMS is largely based on income but there may be circumstances where other things can be considered.
https://www.gov.uk/how-child-maintenance-is-worked-out

How the Child Maintenance Service works out child maintenance

See how the Child Maintenance Service works out maintenance and the rates they use

https://www.gov.uk/how-child-maintenance-is-worked-out

Bluesk89 · 25/03/2025 14:00

Fuuuuuckit · 25/03/2025 13:37

Short answer is no

If you were married the financial agreement upon divorce would split assets more fairly?

Should have specified - unmarried

OP posts:
UnemployedNotRetired · 25/03/2025 15:04

CMS is based on taxable income, so incomes from savings or property would count but not in any other way.

millymollymoomoo · 25/03/2025 16:15

As above, if their is rebral
income that would be included and interests from savings could be included.

the capital values will be irrelevant in any calculation /assessment eg if not working the assessment will be nill even if there is 250k in the bank. In that case you could be awarded cms based on the interest generated on that ( c 15k pa )

LemonTT · 25/03/2025 18:23

When you apply for CMS it will be initially calculated on taxable income.that would include income from investments. But it possible to apply for a variation based on capital held in savings over c£30k

A calculation based on a nominal return is calculated at c8%.

Personal property and land not included in this calculation. Tread cautiously in case he puts the money into things that won’t be included. Negotiate don’t demand in case it backfires.

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