child maintenance - what happens if nrp doesn't agree with payments?

[xxRedxx]

Child maintenance payments have been calculated based on information from HMRC. I know my ex will not agree with payments and will do anything to pay less. I know the 25% rule but if he appeals what sort of proof will cms ask him? Just a payslip? If that's the case he will easily manipulate everything once again as all he has to do is work less hours and not work overtime and once they reduce payments he will go back to work his "normal hours". If this was the case surely cms would find out when they do the annual review next year and get the gross income from HMRC?

You're right the annual review will shaft him I expect

Tough shit. Annual review will take care of his temporarily reduced hours/overtime.

If he still kicks up a fuss suggest they take it straight from his salary, will cost him even more.

Involving the CMS took all those control games away from my exh, he tried to insist i didn't switch to them from CSA and surprise surprise they discovered a 6k payrise that he'd not declared.

www.gov.uk/government/publications/the-child-maintenance-annual-review-how-it-works

Is your ex really likely to reduce his ENTIRE income by 25% just to reduce his CMS liability?

Btw any payslips produced during the 20 days he would have to dispute the figure have to show a reduction in entire annual income that is at least 25% lower than the figures obtained by HMRC, so I would think this would be extremely hard to get round.

Can I ask ( sorry to jump on) my ex hasn't paid a penny difference in 8 years. I know his salary is reviewed every couple and will have gone up ( I presume ) , I just thought that they check CSA yearly. I've had my letter to go over to CMS and they will be in touch. Do they review it CSA, or should I ring to go over to CMS early and then will it get reviewed?
I will still need them to in the loop as he will use money as a dangling a carrot to get what he wants. I misplaced the letter.
Obviously sounds better to switch now before everybody is made too.

StrongerThanIThought76 thanks for your reply.
So the 25% reduction is from his entire annual income? One or two payslips showing a lower income will not be enough then? CMS are using his 2017 gross income as far as I know.

He will do anything to pay less. Like your ex he didn't want me to go through cms, but he and his family don't even see our ds, why should I trust him? I know he would stop paying straight away, so have no choice but use collect and pay.

lookingforhelp12 as far as I know unless you ask csa to review your case, they don't really do it. CMS do an annual review.

When is your csa case getting closed?

From the .gov website -

"The paying parent can tell us if they disagree with our Annual
Review decision, or tell us about any changes in their income or
other changes we need to know about.
For example, the paying parent can give us proof of a more
up-to-date gross income figure than the one we used in the
Annual Review.

But we can only change the income figure we use to make a child
maintenance decision if the paying parent provides proof that
their gross income is at least 25 percent different to the latest
available income figure we hold. Proof of this change could also
come from the paying parent’s employer or accountant. The proof
we need is a single taxable gross income figure. You can get this
from your employer or from a recent self-assessment tax return.

If an income change is confirmed during this 20-day period, it may
also change the amount of child maintenance being paid up to the
date of the Annual Review".

He's got 20 days to prove that HMRC have got their figures wrong!

Failing that give them a call. I rang them in a right state late last year when my ex decided he's going to start making massive pension contributions to avoid making CMS contributions.

CMS do a review to get the first figure when they take over from CSA. Mine had not previously reviewed as (although ex did have several annual payrises) no changes were over 25%. So I got an increase straight away. Subsequent annual reviews after that.

My ex despises the loss of control.

To be honest I'm not sure! I have all my CSA letters, I can't find the changeover one:(
No wonder he's not paying right!
Thanks ever so much I honestly thought when you get the yearly letter they checked up on this !

I’d phone the Csa and ask when your case ends lookingforhelp, I have recently swapped over and it was a quick 15 minute phone call. My ex was fiddling the Csa saying his wages had gone down at each review paying less than he should. We shall see how long the higher payments last with cms and if he finds a way to fiddle those to.

StrongerThanIThought76 thank you! So hopefully now it's harder for people like your ex and mine to manipulate everything. I have received the same amount since day 1 (nearly 10 years), I did appeal once, but got nowhere, even though I knew he was earning a lot more.

lookingforhelp12 if you already received a letter informing you that your case is going to be closed, you can phone cms and apply, although they will not do anything until your csa case is closed.

There’s online access to CSA, which has all letters etc on there, if that helps

Im not yet with CSM - my ex claims £133 child benefit I receive for 2 children when he has them EOW is enough to cover monthly cost

I know this is an old thread . However you or others may relate. Ex & I split 10yr ago. First 5 years he changed house/ job 5 times. I lost out on £1000's. Finally settled in current job 6 years ago. Low wage, paid DD direct. I asked for a wage review & opened a case with CMS . His wage had doubled but he failed to inform them so I lost out on £1000s again. A new schedule was done for this year. After 5 months I checked my online banking & low & behold he had not paid me for 5 months & used the money for his new babys nursery. CMS gave him 5 days grace to pay the arrears of in 2 amounts Apr & May. He did. After Nov wage review, Ive received a new schedule & his salary has increased again. He has asked CMS for a mandatory reconsideration & told them he has a 2nd child . Born July but he never informed CMS. Hes also claimed HMRC have got his salary wrong ( unlikely). HMRC are given the wages from his employer. He now has 14 days to submit a form & evidence. He works in sales & like some exs, may fiddle, divert income via pension or reduce hours temporarily. However HNRC use a full years earnings & use the final gross income figure So I'll have to wait now until Christmas/ New year for a new decision.. I already lost 14% when he had another child & now lose more due to another child ( that they couldnt afford!). His wife's on maternity leave. In the interim, he must still pay the direct debit at the old rate until their review is complete. If he doesnt, they'll investigate that afyer 5 days of non payment. CMS are firmer than CSA but should see from the history he is high risk. Luckily its a lot more stringent these days & the CMS will always go off the latest HMRC figures or contact employer direct. If in doubt just ring or go on website. I hate the delays, esp when my child's already lost £1000s she was entitled to & never got. You can ask for a wage review at any time, esp if ex NRP is in a sales or bonus type job. Im sure they know all the ex's loopholes & even if certain wages are low on some weks, the CMS look at the figure for the whole year regardless. His personal circumstances dont come into it unless he was on benefits or becomes unemployed. Hope this helps I will update asap. Hope you got sorted x