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Diversion of income? Next Steps

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moneyworries
Posted by
New Member

01 Sep 14 #443405 by moneyworries

Topic started by moneyworries

Thanks to those who replied on my other post - I''ve just realised I was probably in the wrong section so have moved across

Any advice gratefully received please, I have previous court order for Ancillary Relief from 2012 for a monthly amount for 1 child agreed until child reaches 18. Ex earns a lot of money as a contractor but is paying himself a small salary plus dividends from his limited company. He has now decided to take some time off and made an application to the CMS who has assessed him to pay at less than 10% of the previous sum. I''m unsure what my next step should be as the CMS will not discuss what he has declared and I cant afford to pay my bills

WYSPECIAL
Moderator

02 Sep 14 #443410 by WYSPECIAL

Reply from WYSPECIAL

They want be able to discuss what he has declared as it will be confidential.

Are you paid via a Consent Order form court or CMS as your post mentions both?

If CMS and you believe he is still paying himself dividends or has other sources of income then you need to apply for a variation.

if he genuinely is taking time off and living off savings then unfortunately it is one of the issues with the CSA/CMS system in that there is nothing you can do about it as assessments are based on income. All you can do is wait and request a change of circumstances review when you think his income has gone up again.

Child Maintenance Options
Moderator

05 Sep 14 #443698 by Child Maintenance Options

Reply from Child Maintenance Options

Hi, Moneyworries

Thank you for your post. The child maintenance Service works out child maintenance using the paying parent''s gross income, which is income before Income Tax and National Insurance are taken off, but after occupational or personal pension scheme contributions are taken away. In most cases this gross income figure comes from information given to HM Revenue & Customs by the paying parent, their employer or a third-party such as an accountant. You can find out more information about how they calculate child maintenance at www.gov.uk/government/publications/how-w...ut-child-maintenance

For more information on the different ways to set up child maintenance, you can visit the Child Maintenance Options website at www.cmoptions.org. They also have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.wikivorce.com/divorce/Sorting-Out-Separation.html.

Kind regards

Sarah

Man38
Elite Member

05 Sep 14 #443705 by Man38

Reply from Man38

Dividends count in the CMS calculations, you can make a variation request to take them into account.

However if your ex is leaving money in his company and living off savings, or taking time off there it''s little you can do.

Sam

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Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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