Can CMS assessment for CM be challenged

[Traveller123]

To date I have paid 175/week in CM as recorded in a consent order. This figure was based on historical PAYE earnings as my Ltd Company had only recently been formed and accounts were not available. Earnings received from Ltd Company are less than historical PAYE. Based on information provided by HMRC, CMS have assessed that CM should have been 120/week. Therefore there is an overpayment of 55/week to be recovered so payment for next year should be 65/week.

I am not bothered about recovering any overpayments as that seems a bit mean, but wish to pay the figure of 120/week. Ex has objected to the CMS figure and indicated that court action will happen. Is this possible? Do courts have power to overturn the CMS decision that was based on Self Assessment Tax Returns submitted to HMRC?

I have read about CMS sometimes overlooking all types of income on HMRC Tax Return such as unearned income from dividends, rental income, interest on savings, but that did not happen in my case as HMRC Tax Return included all sources of income and the CMS figure of 120/week looks to be spot on when CM rates are applied to my total income from all sources

Why can't you just aren't ok paying the £175? You don't HAVE to use CMS.

'Aren't ok' should read 'carry on'. Thanks twatphone.

To Essie

Not happy to pay the 175/week as ex no longer takes child to his clubs and hobbies as they can't afford the Petrol, but at same time they can affords to send between 150-200 per month overseas.

Happy to pay more than CMS, but only is spent on child.

Oh you're one of THOSE.

Fwiw I spend my child maintenance on whatever household expenses I like, including gin and fags. If the £200 overseas commitment is part of the family budget I don't see the problem. And if you know she's struggling to afford clubs etc, why would you want to pay less? That makes no sense at all, unless your intention is to punish her for having the gall to spend money on things you don't approve of.

You can obviously afford the higher figure as you've been paying it with no problems. Don't be spiteful.

EssieTregowan You seem to have stumbled in to this thread thinking it was in AIBU. To make an obvious point, sending money overseas is not a reasonable way to spend child maintenance and I can understand why OP is pissed off. In fact she would like to pay more than CMS are telling her - so yes, she is "one of THOSE" (I do hate use of capitals - does anyone really still do this? It's so Donald Trump).

To deal with OP's legal question, the court has no jurisdiction. He may mean the tribunal, but he'd have to appeal a decision of the CMS and if they've already taken in to consideration your dividend and rental income he's not going to get it increased.

Pretty sure you have another thread started in the last couple of days with this same scenario. What different answers do you hope to get??

To HerRoyal Highness

To get a legal opinion as provided by Collaborate.

To Collaborate:

Thanks for your comments. The solicitor who represented me during divorce proceedings said the same. Reassuring to know that there is consensus amongst legal as to what is and is not reasonable.

To Essie:

Suggest you read the thread "Corrections to Child Maintenance" as that details ex wife's Settlement figures and how she can easily afford child's clubs and hobbies. Some interesting feedback.

This thread was a pure legal question which has been answered.

So by your own admission you spend CM on household expenses such as gin and fags. For me house hold expenses are: Mortgage/rent, council tax, utilities, food, clothes, transport, school meals and any other child related requirement (school trips, clubs).

Judge at final hearing remarked that CM was to cover child's day to day needs. SM which I also pay is to cover the gap between Ex-wife's income and essential outgoings based on needs only. Wants and wishes are excluded which is why judge rejected ex wife's huge maintenance demands.

Yeah, funnily enough I mange to pay all of those things, and would be able to even without the relative pittance we get from my ex.

My point is you can't control her budget, and overseas family commitments are part of that. If she's cancelled clubs because she has to prioritise other things, I'm not sure why your response would be to reduce maintenance.

I'm going to assume you are relatively wealthy (hence the SM) and that your children have been used to a higher standard of living. Why are you denying them that just because you don't agree with your ex's budgeting decisions? Poor form imo.

To Essie:

How does sending money overseas to her parents take priority over child's ins and hobbies. Suggest you read other thread "Correction to child maintenance" to learn exactly how much ex wife has and hence how easy it would be to afford the child's clubs and hobbies

If you can't be bothered to look the summary is

Ex has total net income of £2,250 per month and cash of £125,000 in bank from capital settlement. Also I pay all child's school related costs direct.

You still think she can't afford child's clubs and hobbies and should give priority to her parents overseas?

I have no idea how she manages her budget, although I couldn't live on £2250 a month.

My point is the bizarre thinking behind 'she can't afford the clubs so I'm going to reduce the maintenance'.

It makey no sensey.

They didn't say they couldn't afford the clubs, they said they couldn't afford the petrol (which if it's more than once club then presumably you'd sacrifice one club to pay the petrol for the other?)

To Essie & Wobytide

Terms of the Court Order were I pay up to 100/month for school and clubs. So the clubs are paid by myself. Not being to afford Petrol is excuse for not taking child to clubs.

There are two clubs involved per week. Each requires a 10 mile round trip. So maximum 20 miles per week petrol required. Even that equates to a gallon it is 6/week tops. She can't afford that, but can afford between 150-200/month to send overseas! What a load of nonsense.

Before divorce ex complained how boring it was to sit in viewing area while child took part in his clubs even though lessons were 30 minutes each. That's the real reason. Nothing to do with not being able to afford a gallon of petrol per week.

How do you know what she has in the bank now and what her household expenses are now?

And how do you know she sends £200 overseas, and how do you know there isn't a very good reason she does this?

Is there any reason you can't do clubs with him on your own time?

Personally I hated the days of sitting on the sidelines watching gymnastics, football, riding etc. Having to make small talk with other parents, being bored out of your mind. Plus if it's an hour and a half out your Saturday or whatever it really impacts on everything else.

DH on the other hand loves all that shit. So he mostly did it.

This really does sound like you are wanting to control her. You're far too interested in what she does with her time and money. How much actual parenting do you do? Kids thrive on time and love, not expensive hobbies.

Sadmommyhere

125,000 was the cash settlement she received to buy a house. She has chosen to rent instead so 125K in bank unless she has spent it all in 6 months?

Rent 525/month is what she advised when she moved out of family home. 75/month is council tax for her postcode. 140/month utilities is what was paid when in family home, etc., etc.,

WesternUnion payment slips of money sent to her parents added up to an average of 200/month over a 6 year period. Can't see how sending money to her parents overseas takes priority over child's clubs and hobbies?

To Essie.

I can't do clubs with child in UK because I do not work in UK. Last time I worked in UK was late 80's So ex wife always knew if we were to be married she would be left alone by herself for long periods.

Childs hobbies cost about 40/month plus 6/week in fuel to give monthly total of 64/month. About one third of what ex wife sends overseas to her parents who have pensions and own land!

When did you split up?
Did you cover her legal costs?
So you aren't even in the UK!
Sounds like your relationship isn't great with her, so I suggest you think about possibly not knowing the ins and outs of her life and finances.
You do sound very controlling.
£525 isn't a lot for a family house, especially when her and your son obviously are used to living in luxury from the amount of money you have apparently given her.
Clubs are not important, many children around the world do not attend any. If you are that invested in it and want your son to go, why not set up a taxi to collect him and drop him back home?
So she is basically in the uk alone, raising your child, and you are most bothered about a few clubs?

Want to be a dad, move back to the UK.

Didn't you post an identical thread a few days ago - but then the amount of CM you were claiming to pay were lower

Lunde

No. Same total. £150 per week CM which is £650 per calendar month and £100 per calendar month for school and hobbies to give total £750 per calendar month which is about £175 per week

To Retrovibes

I filed for divorce over 2 years ago after inviting ex wife to do same for previous two years if she unhappy about me working overseas. For some reason she was not prepared to initiate a divorce. So she liked the overseas money, but not fact I was overseas.

I paid all costs associated with divorce petition as I was applicant.

Ex wife was applicant for the financial settlement as my early offers were all rejected without reason and she sought £4500 per month maintenance for life. Ex wife applied to the courts 3 times (all with different solicitors)for me to not her legal costs of the financial settlement. Each application failed and I was awarded costs. Judges all said same thing.

Ex wife is the applicant so she should pay her earn costs
Ex wife did not provide any bank statements for the accounts she held in her home country which the judges quite rightly concluded she was hiding money
Ex wife had a property in her own name (but I bought before marriage) that she could use to raise money
Ex had significant personal assets (jewellery valued at over £20K) that she could sell in same manner as I had sold some of my personal belongings to help with her daughters University costs, to which ex contributed zero at the time

£525 was sufficient to rent a 3 Bedroom semi in local area. No furniture to buy as part of settlement was she was entitled to take all contents of former family home.

Grandparents offered to act as taxi service to take child to clubs as at his age, 10, it was considered too young to travel in taxi without adult. Ex wife objected. Hence child goes without.

Applied for 100s of UK jobs, but get nowhere. Recruitment agencies advise I have been expat too long. Even I did find a UK job it would not pay anything like what I can earn overseas. So ex wife would receive less maintenance. And I would hear the comment

"You have taken lower paid job deliberately to reduce my maintenance"

As pointed out at beginning of this reply, ex liked the overseas money and spending it allowed her, but did not like that I was overseas.