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She''s contacted CMS for no good reason. Advice pls

  • thehippy
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03 Feb 16 #473573 by thehippy
Topic started by thehippy
My partner who''s divorce became Absolute in October 2015 has been paying his ex Wife child maintenance PLUS half his annuity pension for the past 2 years, without fail or issue. Now, she has decided to contact the Child Maintenance service; my partner MUST declare his earnings, INCLUDING the annuity pension. That figure will reflect the maintenance payment for the children. Part of the divorce settlement was, she receive HALF that pension annuity each year. Could she therefore, STILL claim half of the annuity even though he has declared it within his yearly salary? The reason she has taken these steps? just because my partner wouldn''t show her, which I believe he doesn''t HAVE to, all the pension paperwork outlining the yearly increase.Any advice will be greatfully received.

  • TBagpuss
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11 Feb 16 #474078 by TBagpuss
Reply from TBagpuss
well he could try providing her with the evidence she originally requested about the increase in the pension.

If there is an order which entitled her to half of that then it is common sense that she is likely to want to see evidence of the amount being paid, otherwise she has no way of knowing whether he is paying her the correct amount.

He would also need to check the wording of the order in relation to the payment he is currently making. Generally, if there is an agreement for maintenance in an order it will include provision for what will happen if a CSA / CMO assement is done.

(if there is no order, then he simply pays in accordance with the child maintenance calculator.)

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