Ex wife & copy of p60

[polarb]

Every year dh's ex wife demands that he provides her with a copy of his p60. He finds this very intrusive. The consent order (2014) says that he has to give her a copy of his p60 every year.

Someone has suggested that he can go through cms instead or give the amount suggested on the cms website. Does he still have to provide her with a copy of the p60 if he does this?

Thanks!

Anyone?
Is it worth him getting legal advice?

Is he paying spousal maintenance or child maintenance, or both?

If he is only paying under a child maintenance order he can go to CMS and forget the court order (and the P60 requirement) - the order must not include any children who fall outside the CMS system ( ie those in higher education or step-children). If it includes spouse maintenance then he's probably stuck with it, at least for now.

I would say if it's in the consent order he has to do it - but I'm no expert

No spousal maintenance it's just child maintenance.

Then yes, he can ask CMS to reassess.

How long does the order say he should pay?

I think until 18.
It's just the thought of having to give her p60s for many years to come seems very unfair. Fair enough he needs to pay but not this.

He can go through CMS as soon as one year has elapsed from the date of the court order- which has helped.

Why did he need to show his p60 in the first place? No wonder he finds it intrusive!

I don't know why I said which has helped. I meant which it has

Sorry, half asleep brain

Your DH can use the CMS website to work out how much he pay. But the only way the ex has of knowing how much he should pay is to see the P60. So if he refuses to show it to her she may not trust him to pay the right amount and instead apply to the CMS to collect the money. If she does this everyone loses - the CMS will charge him a percentage on top of what is due, and then knock off some extra from what they give his ex to cover their costs. So he pays more and she gets less. It's designed to encourage parents to sort things out themselves.

Why should she not see the P60, given she's legally entitled to a percentage of whatever he's earned? It doesn't contain any other information usually.

If it goes through the CMS the letter they send out states the amount earned anyway (not pension contributions though)
He wouldn’t have to pay a collection fee if they both agreed the amount and he paid on time.
Suggest he does a ‘dummy run’ on the website to see how much he would have to pay

He already pays the amount on cms website which is more than what is stated in the court order. He just resents giving the p60.

If she does this everyone loses - the CMS will charge him a percentage on top of what is due, and then knock off some extra from what they give his ex to cover their costs. So he pays more and she gets less. It's designed to encourage parents to sort things out themselves.

This ^^ is completely untrue information. They only take a percentage from both if an NRP refuses to pay or doesn't pay enough. Seeing as your DH already pays the amount on the CMS website I'd just refuse to hand over the p60.

Thanks @CurlyRover . I'm just wondering if he can get in trouble for this? As in if he pays what is listed on cms website but doesn't actually go through cms. Then I'm wondering if the court order still stands and he therefore has to give the p60?

The court order stands until the CMS has reassessed.

curly Yes, you're right. I was referring to if the CMS actually collected the money.

But as a previous poster has pointed out, asking the CMS to work out how much he should pay will involve him proving how much he earns (eg with a P60) and them informing his ex of this information. So I can't see how that would really be any better

I didn't realise that cms gave that information, so thank you. He will just have to carry on doing it.
Also this is probably a stupid question but can he get into trouble for giving her more money than what is stated in the court order? Or does it have to follow the amount exactly.

I don't think he can get into any trouble at all by overpaying! Though it could cause friction between them if he later drops it down significantly and unexpectedly. Or friction between the two of you if it's more than can really be afforded.

No problems with giving her money, he should be paying for his children. It's the p60 that is the irritating part. Anyway I will tell him it is one of those things and to just get on with it!

To OP

Either Parent can apply to CMS for an assessment once the Consent Order has been in place for a year. CMS now have access to HMRC and can determine his income. So P60 not really necessary. If his Ex thinks the CMS assessment is wrong she will have to take it up with CMS and not your DH.