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Child maintenance within consent order

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Ras
Posted by
Premium Member

09 Sep 15 #466551 by Ras

Topic started by Ras

Hi,

I am trying to agree the terms of the Consent Order with my stbx and I would like child maintenance to be included even though I know he can apply for it to be altered after 1 year because I fear he may move in with his new girlfriend and her son and therefore the child maintenance I get will be dramatically reduced.
The issue I have is that his solicitor seems to be advising him that his discretionary bonus doesn''t need to be included in the calculation. I understand that it does and that its based on the last 12 months earnings before tax. Is there any government or authoritative guidance which states bonus'' should be included in the calculation? I''d rather not go down the route of using Child Maintenance service if possible.

TIA

WYSPECIAL
Moderator

10 Sep 15 #466579 by WYSPECIAL

Reply from WYSPECIAL

If you use CMS then yes they will include bonus received in last 12 months and average it out over the year.

If you don''t use CMS then you can agree whatever you like so he is right it doesn''t have to be included, it is by definition an agreement between the two of you.

If this is the only sticking point how big is the bonus and how much will it mean for you?

Have you worked out the effect him moving in with his girlfriend will have? May not be as dramatic as you think and may offset the not including the bonus if you don''t use them option.

I think you''re right to avoid CMS if possible but the amount is fairly certain. If you prefer to come to a mutual agreement then you both have to compromise and agree.

Run the figures and see if that sways your decision.

HRabbit
Elite Member

10 Sep 15 #466587 by HRabbit

Reply from HRabbit

I had the same problem with my bonus paid quarterly, she went to the CMS and they initially awarded on my P60 in the previous year spread over 12 months, so a much higher figure and when my bonus was neither guaranteed if it happened at all or how much.

I appealed based on my basic being over 25% less than my total last year if the bonuses were not paid. I further gave some truthful evidence that the company I work for was not trading anywhere near as well as the year before and they recalculated and awarded based on my basic salary - so much less.

The caveat is that if I am awarded bonuses that take me back up to the basic+25% figure I have to inform them and they will re-assess.

But I am very glad i did as the original CM award was over £300 per month more and my bonuses this year do not even cover it let alone as a percentage of the bonus.

Child Maintenance Options
Moderator

11 Sep 15 #466624 by Child Maintenance Options

Reply from Child Maintenance Options

Hello Ras

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. The following link provides further information on how the Child Maintenance Service calculates child maintenance that you may find useful, www.gov.uk/how-child-maintenance-is-work...ut-child-maintenance

For more information on the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website at www.cmoptions.org

The DWP 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

Regards

William

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

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