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Cms should I ask for proof?

10 replies

Or3ngina · 28/07/2021 08:42

Hi

Exh and I had a terrible divorce in which he lied so much about his affair,future living arrangements and finances.

Our financial order has passed a year anniversary in which there was an agreed child maintenance payment based on cms calculations.

I tried to request he showed proof of earnings annually so we could calculate cms every year transparently but he refused. (A friend got this in her order and thought it was a good idea).

He has now offered an increase. He is nhs so rises are reported publicly but I'm not sure on exact salary or if he has changed roles.

It's enough although he is far far better off and I feel he should pay the true amount. Should I just accept it and keep the peace? Should I ask to see proof (it's acrimonious still). Or should I go to cms for an official calculation? Yes I'd lose 4% but he'd hate the 20% additional. The latter could be used as a bargaining tool to offer proof of his calculations.

OP posts:
Or3ngina · 28/07/2021 12:37

Anyone?

OP posts:
mommabear2386 · 28/07/2021 13:44

It's a hard one... if he good with contact and flexibility? Things that you may lose if you push for more.... crap I know

That being said how much difference are you guessing it will be?

Or3ngina · 29/07/2021 10:44

@mommabear2386 no idea really. He's good with contact not flexibility. But trustworthy...nope

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CaptainCarp · 29/07/2021 10:51

You can get CMS to do a calculation every year but they don't take it so you don't lose the %
That's how DP does it & both parents get notification of increase / decrease.

Or3ngina · 29/07/2021 17:24

@CaptainCarp brilliant. This is what I didn't understand. Thank you. Do you request it every year or once you start it is annual automatically ?

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CaptainCarp · 30/07/2021 23:38

[quote Or3ngina]@CaptainCarp brilliant. This is what I didn't understand. Thank you. Do you request it every year or once you start it is annual automatically ?[/quote]
It just gets done every year automatically.
The paying payment can ask for an adjustment part way through the year hut they have to prove a 25% decrease.

I think you may have to pay a one-off fee for them to do it in the first place but I don't think it's too much. Takes out some argument of how much should be paid though.

JustLoveYourselfALittle · 31/07/2021 22:47

One off fee is about 20 quid.
They will get his previous tax year earnings from. Hmrc. So if done now. They'd do the 2020 to 2021 year.
Then annually they will automatically update. So may go up or down.
If he refuses to pay then they can take it from wage. But chances are hell Just pay.

I remember asking my ex for a rise when dc started seniors as everything was more expensive. He offered me £5 a Month! So. I went to cms. And got £120 a month more. And each year its gone up by around 10. Except lady year it went down by 78p.. And he actually manually changed it to the lower figure

Or3ngina · 05/08/2021 19:18

@JustLoveYourselfALittle 78p lol sounds about right. This seems a much better idea and £20 well spent for them to automatically update this. Do you have to pay every year or just the first year?

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Or3ngina · 05/08/2021 19:19

@JustLoveYourselfALittle sorry, just seen the one off part. I distrust gov as much as ex so assumed it would be annual!

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OhamIreally · 08/08/2021 09:20

It's good that he works for the public sector as it will all be transparent.
As pp said they use HMRC records and once he's notified of what he has to pay he probably will as otherwise your next step will be a deduction of earnings which will cost him more.
Some men I think would be ashamed to have their workplace know that they weren't prepared to pay for their kids.
My ex also pays the exact amount but I suppose it makes it trackable as a payment.

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