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

To Electrolux

Same numbers if you read my reply to Lunde

Happy to pay more than CMS assessment, but only if spent on child. If what I am prepared to pay over and above CMS is not spent on child what is the point?

As judge (female) at final hearing pointed out CM is for the child's cost and not meant to be a pension for the PWC. That I had offered SM of £400 (50% of rental income) was considered by judge to be very fair as normally SM is decided by courts and rarely volunteered by Ex husbands. Judge also remarked that application for £4500 per month for life was outrageous.

Somehow ex found the money to pay her solicitors a 5 figure sum. So much for pleading poverty.

Final settlement was much less favourable than my offer that was rejected without reason. A fact that has made me laugh many times.

It sounds like your wife didn't want to divorce you, she wanted you to come home. You chose your job instead and divorced her, and screwed her over financially.

And you don't see your child.

Nice. Really nice.

Just pay her enough for a decent standard of living fgs, it sounds like you've put her through enough.

It's also very very interesting to me that every single one of your posts on Mumsnet has been about this single issue. And you pretty much quote the figures with every post.

What a cold and lonely life it must be.

Essie

Ex wife and I knew each other 10 years before married. Each of those 10 years I was overseas. So she knew what she was signing up to. In early days it was obvious that she was finding it difficult to settle in UK. My proposal was that she returned to the house in her home country and I would spend my leaves in her home country like the previous 10 years. That was rejected too 😩 She wanted the trappings of the UK as has more to offer than her home country (Harrods for example), but wanted me to be in UK which would have made Harrods unaffordable. A no win situation. Hence marriage did not work out

Nelliefivebellies

Child benefit of £90 per month, Child Tax Credit of £280 per month and my contribution of CM £650 per month and a further £100 for school costs and hobbies gives a total of £1,120 per month which is £13,440 per year. Quite a bit more than the yearly amount you have estimated it costs to raise a child

Nellie

Point is if it costs £10,952 per year to raise child and ex has £13,440. So she has £2,488 more than average which is £207 per month. Why is the excess she has being sent overseas whilst child is deprived of his clubs and hobbies that would cost £24 per month maximum in fuel costs which according to ex she can't afford, but at same time sends money overseas and bleats she is struggling?

To all posters. Pleas post on the other thread, corrections to child maintenance as this is meant to be for legal only. Those that can provide legal comment are being bombed with general forum comments rather than legal. I will not reply to any other comments on this post, but will reply on other thread.

Thank you

Have an answer for everything don't you.
Sound like a typical dead beat sperm donor

With the greatest of respect, this kind of trolling observation belongs in AIBU, not legal.