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Tertiary Education

  • Fiona
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10 Feb 14 #421897 by Fiona
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Under the CMS rules in most cases the calculation is based on information of the non resident parent''s historic gross income provided by HMRC. If there is at least a 25% difference between the historic income and current gross income the current income can be used instead.

  • stillbreathing
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12 Feb 14 #422142 by stillbreathing
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Thanks Fiona - so, latest.

We had previously agreed to capital splits and child maintenance in a letter from her solicitor that she signed prior to Consent Order being drafted.

She reneged on that agreement and came back to the table. For an easy life I agreed to pay her a lump sum. She then came back with ''she expects'' that I will pay CM while all four children go through Tertiary education, her solicitor then started arguing about my CM calculations which were already agreed and substantially more than the CMS calculation.

So finally, fed up and annoyed - I made an application to the CMS to pay child maintenance...I am going through the process now. Then all of a sudden, she backtracks and I receive a letter stating that she agrees to the previously agreed CM amounts and capital splits.

My solicitor advised me to accept and get it done in the consent order. Now the CMS are involved I am inclined to let them get on with it. That way there is no argument.

The only downside risk is that she then refuses to sign the consent order, without the CM figure in it.

Any perspective on this?...my solicitor wants me to get the consent order done. But I am so fed up of her.

  • Child Maintenance Options
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21 Feb 14 #423284 by Child Maintenance Options
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Hi Still breathing

Thank you for your post. I am William the Child Maintenance Options consultant. I will provide some information that may help confirm some of the information that has been provided in this thread.

As Fiona as stated, under the statutory rules, regular child maintenance payments must be made until a child is 16 years old, or 20 if they are in full-time, non-advanced education (A-level or equivalent), or for as long as Child Benefit is being paid. When a child leaves full-time education in the summer, Child Benefit generally continues until the first week of September. You can find more information on the statutory rules by visiting Gov.uk at www.gov.uk/when-child-maintenance-payments-stop.

The Child Maintenance Service uses the amount of gross income given to HM Revenue and Customs (HMRC) by a paying parent, their employer or their accountant to work out the average amount of earnings, or where the paying parent is self-employed, their taxable profits. For every case, the gross income figure will be reviewed each year in order to take account of newer income information given to HMRC.

If during the year earnings from employment change temporarily from week to week due to overtime or bonuses, this usually would not make a difference to the amount a paying parent must pay in the 2012 scheme. But if there is a more permanent change to current income and this differs from this by 25% or more from the income figure previously used then the paying parent can apply to have a temporary new calculation put in place. They will need to provide evidence for this but, if successful, the new calculation will usually apply at least up until the next Annual Review. You can find more information on how the Child Maintenance Service works out child maintenance at www.gov.uk/how-child-maintenance-is-work...ut-child-maintenance. You may also wish to get in touch with the Child Maintenance Service directly.

With regards to the specifics of setting up a Consent Order, you may wish to speak you your solicitor for further guidance.

For more information on the ways to set up child maintenance, please visit our website at www.cmoptions.org. Alternatively, you can call us free on 0800 988 0988 between 8am and 8pm Monday to Friday or 9am and 4pm on a Saturday. We have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families.

Regards

William

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21 Feb 14 #423301 by stillbreathing
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Thanks William, but that link appears to be broken!

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22 Feb 14 #423379 by Big_Jim
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Is it not the case though that after a year any party can apply for a review by the CMS at which point any consent order is immediately out aside? Think I read that on here.

If that were the case, then it seems worth considering that if child maintenance is the only sticking point it might be worth sucking it up for a year just for the sake of clearing the rest of the agreement.

  • stillbreathing
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23 Feb 14 #423513 by stillbreathing
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Thanks Jim, in hindsight I am wondering if I should have done that.

I have been sent an initial calculation by the CMS and they say it is based on the tax year 2013.

But their calculations do not line up with my earnings in that year at all.

Does anyone know what they mean by tax year 2013? Do they mean earnings between April 1st 2012 and March 31st?

Thank you!

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