Child maintenance

[HHandme]

My husband is currently going through a dispute with CMS. They calculated his income based on a one off bonus meaning his child maintenance payments went up to his ex partner.

His normal salary is way under and fell under the 25% threshold difference. He contact CMS to advise of the 25% change in income and they agreed to reduce his payments.

His ex has now disputed and it's going through the court for deciding. Has anyone had any experience similar? Is maintenance to be paid on one off bonuses the following year?!

Would like to know what to expect when it comes to the court, both haven't seen each other in a very long time and it was far from a friendly break up!

Thanks in advance

Any salary that is taxable is included in the amount that your husband needs to pay for his children!

As far as I am aware any income that is taxed is taken into account for maintenance purposes. Therefore it is due to the children.

I know it's different but it's the same with tax credits. Even with a one off bonus they will reduce your award. And I've never been able to dispute that although my bonus is never guaranteed.

Maybe in court they will want to see how frequently he gets a bonus or if in fact it is just a one off. If its yearly or frequently it will be hard for them to ignore. But that's just my opinion.

I always feel its a shame when disputes like this come about with maintenance to their children. Why would you begrudge paying more to your kids?

Sorry I've just read about the bad break up. So that answers why he is disputing paying more.

I don’t know why he doesn’t just pay a portion of the bonus based on his usual %. She’d get extra towards the DC and the month to month % would stay the same.

@SpideyMom - I think it varies massively case by case. Some fathers are refused access etc. Definitely would not begrudge paying if the money was spend on the child. Of course not all mothers/fathers are the same. Thanks for your thoughts. X

@HerRoyalNotness This makes more sense but not the way CMS are willing to base it. Unfortunately she isn't interested in a private arrangement but also not happy that CMS have reduced it either! Can't win!

She does sound a difficult one to deal with. And yes u agree with your point about 'if the money is spent on the child'.
I hope court will settle this fairly for you

I have a set payment each month and then my exh does exactly what @HerRoyal has suggested. Exhs bonus is never guaranteed and it can also vary in amount. I get a % of that bonus upto a set amount. Some years i have received nothing others a nice added extra, This was all set up and written into a consent order by ouselves.