What Counts as Earnings?

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What Counts as Earnings?

How Child Maintenance Is Calculated from Your Income

The Child Maintenance Service (CMS) works out how much child maintenance a paying parent owes based on their income. This typically means looking at earnings from employment or self-employment, though other income sources can also count, including rental income, dividends, and certain benefits depending on individual circumstances.

When payments are not made voluntarily, the CMS has several enforcement options available. One of the most commonly used is the Deduction from Earnings Order, which takes money directly from your wages before you receive them.

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What Is a Deduction from Earnings Order?

A Deduction from Earnings Order (DEO) allows the CMS to collect child maintenance straight from your pay. Your employer deducts the amount owed and sends it to the CMS, which then passes it on to the parent with care.

This method is similar to an Attachment of Earnings Order used for other debts, such as county court judgments or unpaid fines. The key difference is that a DEO applies specifically to child maintenance.

Your employer is legally obligated to comply once they receive a DEO. Employers who refuse to make the required deductions can face prosecution and may be ordered to pay a penalty. They can also be held liable for any arrears that build up as a result of their failure to act.

A DEO can provide a straightforward way to keep on top of payments without having to remember to transfer money each month.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

What Counts as Earnings?

The definition of earnings for child maintenance purposes covers more than just your basic salary.

Earnings typically include:

  • Wages and salary from employment
  • Overtime pay
  • Bonuses and commission
  • Sick pay and statutory sick pay
  • Holiday pay
  • Payments for piece work or shift allowances

Some types of income are usually excluded from the calculation. These may include certain expenses paid by your employer, redundancy payments, and some pension contributions. The rules around what counts can vary depending on your specific circumstances.

If you are self-employed, the CMS will look at your taxable profits rather than earnings in the traditional sense. This figure is usually taken from information held by HMRC, based on your most recent tax return. Business expenses and losses may affect how your income is calculated, so keeping accurate records is important.

Protected Earnings and Challenging Your Assessment

The law sets limits on how much can be taken from your wages through a DEO. You are entitled to keep a minimum amount, known as your protected earnings rate. This ensures you can still cover basic living costs.

The exact amount you keep will depend on your income level and personal circumstances. The CMS cannot take so much that you fall below this protected threshold.

If you believe the deductions being made are incorrect, or that your income has been calculated wrongly, you can ask the CMS to review your case. You will typically need to provide evidence of your actual earnings, such as payslips or tax returns. If you remain dissatisfied after a mandatory reconsideration, you can appeal to a tribunal.

For current figures on maintenance rates and thresholds, check the GOV.UK website. The CMS also has a child maintenance calculator that can give you an estimate based on your situation.

If you have questions about how your earnings are being assessed or how a DEO affects you, the CMS can explain the calculations. Citizens Advice can also offer free guidance on child maintenance matters.

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ChildSupportLaws Editor 17/05/2026 at 1:33 pm
@hacky Honestly it does feel unfair, but the CMS uses gross income figures taken straight from HMRC, which is why tax and NI aren't deducted first. They do however apply set percentage bands (12%, 16%, 19% depending on number of kids) which are lower than they'd be if calculated on net, so it's meant to balance out. Pension contributions can be deducted from the gross figure though, so worth checking that's been applied properly on your calculation.
hacky 01/10/2025 at 9:37 am
why do they go off your gross wage before tax and insurance surely this should go off your net what you are actually coming out with ?
Matt 03/03/2024 at 10:09 am
If I cash in my whole pension will this count as income? And money deducted for CSA.

If I only cash in the 25% tax free will this count as income and money deducted for CSA?
Regards.
, 07/02/2024 at 10:16 pm
No asking anything on here as clearly its a site with lots of questions but no knowledge from this lot to answer any of them, pointless site.
Dave H 27/09/2021 at 9:09 pm
This website seems to be pointless, as none of the questions seem to be answered. It has probably been devised by a bunch of sadist misandrists. Worthless - no real advice of substance or value on here, at all. I would advise you all to look elsewhere.
Pk 07/09/2021 at 3:52 pm
Hi,
As a UK resident and paying my tax and national insurance in the uk.
Does my shares i hold in the US get factored in when calculating my child maintenance payments, even though I pay the tax on my shares in the US and not the UK?
Me 09/06/2021 at 8:09 pm
I split with my child father, he work pt but also at university which he get money from. When working out how much he has to pay for child does he include the university grant as its a income still or not ?
DL 03/04/2021 at 1:07 pm
I make regular CSA payments and have no arrears.
If I receive a lump sum pension payment into my bank account, will the CSA treat this as income and increase my CSA payments.
why 28/03/2021 at 4:50 pm
where are the answers to theses questions?

is this just a money making scam like the divorce lawyers and barristers ?
SH 03/02/2021 at 9:54 pm
I am curious, I am about to be medically discharged from the military, at the end I will receive a lump sum from my pension. Will the CSA take a percentage of that, or because it is a redundancy/medical release from service will this be left alone?
FS 16/12/2020 at 4:05 pm
I have been reading a lot of messages regarding how CMS has calculated their monthly payment. One point I would like to raise to CMS on is that fact they taken into consideration our gross amount and not your net. Unfortunately we have to pay taxes and I don't believe it is right they are not taking this into consideration. When I raised this point I was referred to my MP, can any one help me understand why this is the case.
Thanks
Ste 15/12/2020 at 6:00 pm
Hi,
I have read in the above information that CMS is calculated on a wage AFTER tax, NI and pension is taken.
I have spoken with CMS themselves but they have stated the calculation is done BEFORE deductions.
Can anybody confirm this please.
Thanks
Jr44 31/10/2020 at 5:06 am
I’m in the military. I pay Cms. My question is, when I am away I get paid LSA, which is an allowance I get from being away from home. Also I have been deployed for 6 months and I will be entitled to an ops bonus, which is basically a tax rebate. Are these payments something the receiving mother would be entitled to. ? As I don’t think it is right. I’m divorced with clean break. Should she only be entitled to my monthly wage. Any help will be appreciated.
YellowDemon 14/08/2020 at 11:10 am
Voluntary Redundancy is being offered at work and i'm considering, knowing that i only have 4 years before i can retire.
Would this be classed as an income?
Would the calculation be salary earned to date plus the Redundancy, to then form the new payments i would be expected to make even though i have no intention of working once redundant.
wardy 08/08/2020 at 1:47 pm
hi, I have a personal pension pot which I want to use to buy my retirement home. I stopped paying into the fund 5 years before I met my ex wife. I pay regular maintenance through cms and they said as I'd pay tax when I cash the fund in my payments would go up. Yet I won't even be earning anywhere near what I earn now, so where does this leave me??
Storm 29/07/2020 at 12:23 am
Hello. I'm currently receiving benefits from which my child maintenance payments are automatically deducted. However, I will be retiring soon, and taking my work pension which gives me a tax-free lump sum, plus an annual amount which is taxable. My question is whether or not my ex-partner is entitled to any of the lump sum? I know I will have to pay from my taxable annual income, but I'm not sure about the lump sum.
Jonoo 10/05/2020 at 6:18 pm
Hi, i was wondering if someone could clear this up for me.

I’m currently employed and pay regular child maintenance.

I also make money from online gambling.

For example . If I generate let’s say £100,000 per year gambling would I pay child support from this ? As it’s none taxable and it’s classed as winning money but not a Guaranteed income.
Concerned 01/05/2020 at 6:00 pm
Hi all does anyone know if the lump pension sum paid when leaving the military is counted in that years child maintenance payment calculation?
Concerned relative 29/01/2020 at 10:05 pm
Is an NHS ill health retirement pension classed as earnings and therefore mean You have to pay CMA out of it ??
Andy 18/11/2019 at 1:53 pm
I am looking at retirement this xmas and taking my pension, what can the CSA now take from me if anything. My pension will be less than the tax threshold , I will be hoping to take a cash lump sum to invest for some money also, can anyone help clarify this please.
ConcernedDad 03/11/2019 at 6:46 pm
I am contacting you for some advice on behalf of my son. He feels that he has exhausted all avenues of assistance and I am concerned for his mental health.



My son is separated from the mother of his children and she has arranged for child maintenance payments to be taken direct from his salary via CMS. He has two children and his earnings are approximately £260 per week before deductions so was expecting to pay around £42 per week in maintenance (20% of his salary). His deductions have been calculated at £104 per week (40% of his salary) as his ex partner has stated that he has not paid anything for the children since they separated about a year ago. This is despite that fact that he was giving her payments in cash of between £30 and £50 per week depending on what he was earning and what outgoings he had. Unfortunately as this was in cash he has no proof that payments were made and so CMS have calculated that he owes a significant amount of arrears. This level of deduction is causing him severe financial hardship as he is paying £80 per week towards shared living costs to his new girlfriends mother as well as trying to run a car, pay for a mobile phone etc. He has tried contacting CMS via his local MP, contacting them directly and asking his employers HR/wages department for help but to no avail. Is there any way that the percentage amount being deducted can be reduced to a more reasonable amount while still paying off the supposed arrears?
Mr56 27/07/2019 at 8:16 pm
Hi all,I receive an army pension(not a war or medical pension),my question is,is it classed as an income for child maintenance service? It is my only income as I'm a stay at home dad to my children I have with my 2nd wife,I'm asking as when claiming child tax credits recently they said I had been declaring my army pension and did not need too,confusing as they both government run.
I'm thinking it is right but any info would be appreciated
Many thanks.
Lost son 09/06/2019 at 10:51 pm
I need help please. what counts as earnings on a limited companies balance sheet accounts as its the only info that I can see on companies house? I can see drawn downs of 77,000 and dividends paid of 50,000 year ended Jan 2019. Is there still this loophole in the law for these Exes to get away with paying CSA or has it been closed?
Jonlee 21/05/2019 at 1:23 pm
Hi
My sons mother complained to child maintenance about the amount she was getting she said hes on a 1000£ a week and drives a Mercedes so they got my p60 that started my earnings before tax was around 40 of thousand and are taking 148£ a week, I went against this and said you haven't take into account I get 200£ tax free lodge and I get 220£ tax free travel every 4 weeks so they said because that doesn't take you over the 25% legislation we cant look at it but the got the amount wrong in the first place, is this correct, surely they got it wrong first but when taken into account my lodge and travel it doesnt take it over 25% so no we are charging you on the lodge and travel? That's wrong isn't it,
I also have a cout order that cost me over 5000 to get access it states that I get him for 38 nights a year but I can have him more and I do have him alot more and takes me over 52 nights a year but because she said no he doesnt that's it I cant get shared care reductions and I have to pay again in court to get it changed.
This is ruining my life and career
Hartley 04/05/2019 at 1:17 pm
I have ran my own business for many years paying correct maintenance for three children. My business is closing down this year and my only income will be £625/mth rental profit. I am fortunate to have a father who wishes to pay me an allowance each month of £600 out of his excess income which attracts no income tax. Does this count as income regarding CMS?
Julz1303 01/05/2019 at 10:01 pm
Child maintenance are currently looking at my husband's income, he hasn't worked since 2013 due to disability, when we married 2015 he stopped getting money from ESA as I work over 24 hours per week, he does get low rate PIP. child maintenance said they cannot take money from PIP, only taxable benefits, they have said my husband earns £10.71 per week and has to pay £7 per week, the claim started February 2019, child maintenance said on HMRC the only income they can find is from April 2014 - April 2015 and that's what they've used to calculate weekly payments, we're very confused as the claim only started Feb 2019 and we thought they should use your current earnings not 4-5 years ago.
What the heck? 04/04/2019 at 10:57 am
Is a compensation award classed as income and does maintenance have to be paid from it. I need this award now as I can’t work full time and l also can’t claim benefits. Don’t qualify as I can possibly do ‘some work’...
mike 03/04/2019 at 11:16 am
how come the gov website says the oppisate when calculating your payments, as in it states your earnings are before tax and national insurance,?
Stevie 30/03/2019 at 2:38 pm
Why does the CSA yearly review ask about pension payments? I just started a new job last year and I pay into an occupational pension scheme. Thanks
Troy 27/03/2019 at 7:39 pm
My ex wife signed a separation agreement, stating that she would not make a claim for my armed forces pension if I left her the house.
She has now sold the house (£90,000 profit) and low and behold has now made an application to the CMS. They have calculated my pension into my payments, even though they have a copy of the minute agreement.
This seems very wrong to me, is there anything that I can do?
marsha47 14/03/2019 at 9:36 am
My ex husband earns a basic salary of £17,00”, with commission each month , last tax year he earns £27,000., previous year £26,000. So I’m presuming approx the same this year. Is commission taken into account when the csa work out maintenance payments? We have 3 children, thecare with me most of the time and approx 2 nights a week with dad.
Thankyou
Parks 08/03/2019 at 6:39 am
My ex receives an injury on duty police pension of £2,900 a month nett. Child Maintenance has been calculated at £34 a week for 2 teenagers. This is only 5% of his take home pension. He has a nice life not working and goes on holiday to France skiing and to America a few times a year whilst I’m struggling financially supporting the kids (they live with me full time tho he does see them) and I work full time. How is this calculation proportionate, fair or right?
One more push 24/02/2019 at 11:32 pm
Same as above, me and my ex have agreed on a set monthly maintenance agreement but I believe it is actually way under what I’m entitled to so am going to go through the agency but what I can’t seem to find is whether the stocks he sold to buy his flat will be taken into consideration?
Charlie 19/01/2019 at 10:25 am
Hi everyone. Does anyone know whether stock/shares are included in the CM? I’m a single dad that still see my son a lot. I currently pay £300 a month through a family based arrangement. However, one day the Mum has decided she wants to go through CM now, which has come out of nowhere. I’m going to try and settle a figure instead, however want to know where I stand. I earn commission and have shares that vest each year, I’m shocked after researching she will get a cut of this?
Sjh 08/01/2019 at 2:14 pm
Some advice please. My partner has been asked to pay an amount of child maintenance and arrears for his daughter that will leave him unable to pay his rent and bills per month. Surely CMS are not allowed to make someone homeless? They don’t seem to be interested in his outgoings, only his gross income. He really wants to pay maintenance for her but obviously at a rate he can afford. He has also had no access for nearly two years. What can we do? We don’t live together.
Puggy 03/11/2018 at 10:14 pm
New claim this financial year :- My child maintenance is based by CMS on my previous taxable years earnings as I am a director of my Limited company and the CMS can only access these figures. My income this year is a lot less, as I am now paying monthly into a pension scheme which is taken off gross earnings, how will these higher payments I am now paying be refunded when my correct earnings for this year become available.
JJJL87 07/09/2018 at 1:56 pm
hi reading above, I am still very confused by the CMS and the way that things are calculated.
I earn 34k / yr and yet HMRC have detailed I earn £39k. I have since discovered that this is due to BiK for my company car.
in order to have the car which I need for my job, as I travel across the North of the country. without the company car I could not complete my work.
but nevertheless, the car means I have a reduced tax code but if I have a reduced tax code, that mean I pay a higher rate of tax. so when they add the additional 5k to my wage, I am being taxed and then charged for the purposes of CM calculations. hit TWICE! without seeing any monetary value for it...I can be the only one who does not understand.
nutes 17/08/2018 at 10:08 pm
Hi I received a "discretionary payment" from my employer to settle a whistleblowing detriment claim that I lodged with ACAS during the course of my employment. As part of my settlement agreement I agreed to leave employment and received the payment several days after my termination date.

HMRC have ruled that the amount is not subject to income tax.

I am no longer working and I am using the settlement to support me through a couple of years of study at university.

Is this settlement payment classed as income for the purposes of child maintenance?
BMC 30/07/2018 at 7:40 pm
Thanks for the reply Russv, I appreciate you taking the time to help me.

Unfortunately looks like another case of someone who works for this agency and doesnt know how the rules work.

Thanks again
Russv Editor 30/07/2018 at 10:49 am
@BMC - CMS use figures from the year previous in line with HMRC, your payments should drop the year after.
BMC 28/07/2018 at 4:06 pm
Hello there looking for advice if what i have been told is true please ?
I am a "non resident parent with Care"
I earned 40k in 2016/17 with overtime etc, and paid all my due amounts however recently changed to a salaried job and took a small hit in wages to 36k per year for 2017/2018.
I have now came up for annual review in August and the CMS say my payments wont change as i am within the 25% rule !!
My latest P60 says 36K but CMS say they will continue to use the 40K from the year previous.
Surely this cant be correct ? I tried to explain this to the CMS rep but they assured me it was correct and reffered me to my local MP !!
Devoted dad 26/07/2018 at 9:31 pm
I have been divorced for 6 years and been paying my ex regular maintenance payments. I recently left the armed forces due to a medical discharge. My ex claimed part of my military pension as part of divorce. When I left the armed forces I started getting a monthly medical pension. Do i now need to add my medical pension to my salary for child maintenance to be calculated considering she has already claimed some of my pension as part of divorce. Please help
French85 22/06/2018 at 8:27 pm
Hi, my ex pays £240 per month for our son. This week he txt me to say he's been off sick from work and therefore he will not be paying a penny! He says he's been receiving statutory pay and he doesn't know how long he will be off for so not to be expecting anything until further notice.. is this right? He is due to pay in the 21st of every month so I have to wait 5 working days to contact CSA but he said he's called them and they told him not to pay until he's well enough! Really?
ChildSupportLaws Editor 22/06/2018 at 2:32 pm
CMS go by HMRC figures on taxable income. If your ex has income coming in then CMS will assess him on this.
Beth 22/06/2018 at 2:17 am
At present my ex pays £200 A month through a family based arrangement for one child (he pays less than he should). He will be retiring next year and has said that he will have to reduce what he pays each month. He earns around £46,000 a year. I believe he is paying into a private pension scheme but cannot be sure. Will the CMS be able to find out if my ex has a private pension? through his employer as I feel I'm best to get them involved before he retires and leaves his place of employment.
ChildSupportLaws Editor 15/06/2018 at 9:20 am
Only 'taxable' income in the form of earnings is taken into account. However, if you feel your ex is trying to sideline income, then you may wish to seek professional legal advice as a court can look into the non-resident parent's income in more depth.
Gotcha 14/06/2018 at 12:01 pm
So are you saying they won't take into account other forms of income?
This is a threat he's been using for 4 yrs and has now seen it through.
ChildSupportLaws Editor 12/06/2018 at 2:38 pm
Only income that is taxable is classed as earnings in terms of child maintenance payments.
Gotcha 09/06/2018 at 11:58 pm
My ex husband is a company director but has yold CMS he only earns £225 a week. HMRC have no record of earnings for him. During a finance dispute his solicitor accidentally sent me his bank statements and he paid £13,300 in company loans between 21st feb and 20th mar but received
£17,810 under repayment of loan in that time. Is this classed as income?
Jen78 Editor 08/06/2018 at 1:38 pm
@Colmum - only if the income is taxable will your ex have to pay.
Colmum 07/06/2018 at 4:57 am
My ex husband proposes to leave his current job to take up teacher training. I understand that he will qualify for a bursary of 26k and he seems to think that this will not be income for the purposes of Child supportis this right?
Lobby 25/05/2018 at 3:17 pm
Hi,

My ex wife is paying just £12 a week for our 2 children based on her declared earnings of 7k a year. Yet recently at court she had to produce 12 months bank statements and she has earned on top of her 7k a further 18k. I believe this is cash in hand on a part time business she runs but she has told the CMS financial investigation Unit that its money given to her from friends & family to help her out.
Can the CMS take cash payments from friends & family into consideration? I am confident it is from her business and have evidence to back it up but would appreciate an answer as to whether they can base a calculation on this ‘help from family’ ?
ChildSupportLaws Editor 24/05/2018 at 2:13 pm
You can still contact CSA, If the bonus is taxable it will be taken into consideration if you registered a claim before 2011.
Tjr 22/05/2018 at 8:08 pm
I have just found out that my ex received a bonus of 30k in 2011. He didn't declare to csa. Is it too late to raise this.
ChildSupportLaws Editor 09/04/2018 at 2:51 pm
Child maintenance is based on all your earnings (not just your basic income) and assessed via income tax paid via HMRC. If your income changes i.e you stop working overtime, then you can refer the matter back to CMS. However, the assessed figure must go up or down by at least 25 per cent for CMS to look again at your payments, On the basic rate, if you’re paying for one child, you’ll pay 12% of your gross weekly income, two children, 16% and three or more 19% of your total weekly earnings.
skint 08/04/2018 at 8:41 pm
hi,
i have been earning 20k a year on top of my basic salary due to working A LOT of overtime as i was buying a new house, i had a personal agreement with the mother but she has decided to contact CMS and now they want an astronomical amount off me each month which without any overtime isnt humanly possible for me to live. how do i get round this? i was paying her exactly what the government calculator worked out based on my basic salary but now she wants a cut of my overtime which ive put my live on hold to earn.
whats the deal?
Sam Editor 29/03/2018 at 10:49 am
@Paddy - good point. In terms of CMS it is still classed as gross earnings and CMS don't take your living expenses into account. I'd ask CMS directly and if you can I'd like to know the answer as I live in London and never thought about that aspect.
Paddy 28/03/2018 at 12:51 pm
What about London Allowance and London Weighing ? My salary is higher by almost 7k pa because of that. Is it still added to the gross salary. If yes, then why?
Citywill 26/02/2018 at 4:20 pm
I may be finishing work on IHR with a payment of 20k. Can my cms take this money off me or will they just look at taking money out of my job seekers allowance?
ChildSupportLaws Editor 16/02/2018 at 3:04 pm
As outlined in the article, child maintenance is based upon taxable earnings. You can see more regarding what is classed as taxable and non-taxable earnigns via whichwhich should help answer your question further, if this article hasn't.
Deano 16/02/2018 at 1:43 pm
I have been paying CMS from my account to hers not a problem but I receive a notice to say I could cash in part of a pension and received the money now is this classed as earnings for the CMS to make caluations from please
ChildSupportLaws Editor 23/01/2018 at 11:40 am
You can see what counts as 'earnings' via whichwhich should help answer your question.
TQ 22/01/2018 at 8:52 am
I’ve been paying csa for year at agreed amount, they have changed to cma and so re calculated and are now wanted to take money from company car allowance the tax man adds to my wages to be able to tax me to pay for the car and so will now be hit twice and so have to pay my ex for having a car? It doesn’t make sense but they are now threatening me with sedition if earning? Can I appeal the car allowance being used as an earning?
Dilbert 23/12/2017 at 12:42 pm
Hi,

For the last three years I send all my SIPP payments through to the CMS and everyone they do not take them into account. I believe this is because they are not “occupational”

Recently my employer enrolled me into Smart Pension - this acts in exactly the same way as my SIPP so I am expecting the same treatment.

My confusion is - I read on numerous websites that ALL pension contributions need to be taken into account and a recent FOI request to DWP stated that private pension contributions should be taken into account.

I would be grateful for you view?
ChildSupportLaws Editor 22/12/2017 at 10:42 am
Child maintenance payments are based on taxable income and earnings. Insurance benefits paid if a person is sick, disabled or unemployed to meet their financial commitments are generally classed as non-taxable, please see CAB which
Clarelousmith 21/12/2017 at 5:36 pm
My ex partner is out of work due to an accident that has left him currently disabled and unable to work until he's fully rehabilitated which could be years, he will be receiving an insurance payout in excess of £400,000, my question is, as he is now unable to work will his child support payment for our child now stop as he no longer has an income from work? Because this is what he has told me
MarkB 19/12/2017 at 9:37 pm
I have happily been living with a DEO for years via the CSA, now I'm told I have to make a new arrangement but dealing with the ex is like trying to juggle hot pokers. Can I just stay with a DEO through CMS?
TomG Editor 04/12/2017 at 2:49 pm
@Dibdob - if you are out of work, you shouldn't have to pay child maintenance. You need to get in touch with CMS and say you have no income coming in.
Dibdob 03/12/2017 at 8:55 pm
Hi there
Wondering if you could help me or give me some advice
I have a 14 old son to my ex partner
I have always paid the agreed amount set by csa/CMS or my ex partner I have never missed a payment and always seen my son until ,The CMS got involved this year
I was living in a damp 2 bed house with my wife and 2 kids age 4 boy n 6 girl they where sharing the same bedroom
My oldest son would come and stay over most weekends but sleep down stairs on the sofa bed and I'd sleep down straits with him
Me n my wife couldn't afford anything bigger as we had childcare cost
But last year my ex employers asked my to work away for 12 months 7 days a week
Triple my current pay on a bonus system etc
So I did and earned 85k for one year only
This allowed to get a mortgage on a proper 4 bed house which I explained to my ex
It was a one off I was earning lots of money
I would drive for hours without any sleep at weekends so I could still see my son still
Then soon as the 12 months where up the bonus scheme stopped and I was back on 18k to 21k basic money with no overtime
Me n my wife set aside just in case my earning came back down
We wasn't bothered as we had a nice house for all the kids to enjoy and my oldest lad had his own bedroom
We even brought a Tv n bed on a Visa card to make it nice for him
It meant cutting back but we just wanted somewhere nice for them
But our childcare cost dropped down to 120 a week from 250 at a high of 350 as my wife's mom as helped us out
Soon as we got the house my ex contacted the CMS as I explained I have not got the kind of money coming in to pay what me and her agreed and the cost of the new house
She didn't believe even thought I shown her letters from the company n wages slips
Next min I get put on temp lay off without any pay where I can't even sign on or find another job as I would lose my rights of employment
CMS contact me and asked me for 200 pounds a week plus based on my last years earning I explained I was in n out of work so they waited 8 weeks and re asset my case
And it came down to 37 pounds a week
I was allowed to work for 314 a week top line
That's was take home 260 then take away
37 for CMS I can't even pay my bills childcare cost or mortgage cost of running a car to pick my son up every weekend who lives 30 pound fuel trips away
Cost of running a car etc
My car 15 years old with 130k on it
It got to the point where I was stressed as I was putting all the pressure on my wife to do overtime to pay most of the bills and my CMS
Next min I fall n hurt my back at work
I have to leave my job
I'm current been out of work I've tried begging with my ex to sort things out between us n not the CMS as I can't afford to work n run a car to pick my son up and get to work
Each week cos if I have a job the CMS don't take into account my cost of childcare for my other two children and my mortgage cost to keep a roof over my families head
I've no
ChildSupportLaws Editor 28/11/2017 at 12:31 pm
Either parent should tell the Child Maintenance Service or CSA if the paying parent’s income increases or decreases by: 25% or more for Child Maintenance Service cases, 5% or more for CSA cases which began after 3 March 2003, If you have a family-based child maintenance arrangement, then you should negotiate directly with your ex regarding what you should pay under the circumstances. You can also see the different rates here. If you are on SSP, much depends upon how likely you are to continue to be off work.
Paul 27/11/2017 at 4:45 pm
I’ve been on ssp since September. Does being on ssp affect the amount of maintenance I have to pay. I usually pay £200 a month but my ssp only gives me £500 a month. If I was to pay the usual amount. I wouldn’t be able to afford my own rent and bills. I read something saying that while I was on ssp I would only have to pay £5 per week. What is correct as I want to make sure I do things correctly while also not leaving myself not being able to pay bills
PSW2017 23/11/2017 at 3:34 pm
Hi,

I received a £7,000 approx lump sum from work as part of a relocation package in the public interest to move establishments. This was for the purpose of vehicle purchase and not actually earnings. CMS have based my latest annual calculation on a figure that includes this payment. Although it was taxable it wasn’t earnings and doesn’t reflect what I bring home each month. Can they use this figure in their calculation?
ChildSupportLaws Editor 31/10/2017 at 2:35 pm
Please see gov.uk whichwhich should tell you all you need to know regarding how to complain. Either parent should tell the Child Maintenance Service or CSA if the paying parent’s income increases or decreases by 25% or more for Child Maintenance Service cases, or 5% or more for CSA cases which began after 3 March 2003.
X 30/10/2017 at 11:01 pm
Been told by CMS that I still have to pay full amount for my two children even though I get only SSP but they will drop payments a bit lower next year. Where can I complain for this as they would basically leave me with 20 quid a week if that.
Dancing queen 26/10/2017 at 3:50 pm
Hi,
Can a voluntary redundancy payment be taken into account in child maintenance payments if the payment is over £30,000?
Thanks
ChildSupportLaws Editor 24/10/2017 at 12:50 pm
If your ex has paid tax on the earnings, then yes, you would have a claim. However, if he hasn't and has just pocketed the cash without declaring it to HMRC, then you wouldn't be able to.
Cath 21/10/2017 at 12:00 am
Hi, I’m a single mum and have two children (10 & 5) with my ex who has paid 3 months - £360 over the last 5 years and manages to buck the system constantly. I received an anonymous message telling me he was winning vast sums of money at pool competitions (he was semi-pro snooker player once) but obviously he denied this. I have recently found out that he is claiming DLA since January so loads of arrears have now been wiped out (he isn’t disabled). Tonight I have found something online that shows that he has recently won £2k at a pool match - which is what he had denied previously - being that his DLA is for a very bad shoulder this makes me so angry. And the fact Is I don’t want his money - it’s the principle of the fact he has basically paid nothing as he doesn’t think he should. He has said previously he is a professional pool player and now I reckon he is - can CMA claim against these winnings? Sorry for such a long question but I’m so angry!
ChildSupportLaws Editor 20/10/2017 at 10:09 am
Much depends upon whether your ex has been earning for the past five years and the reasons why CMS cannot collect the money (you don't say why). Child maintenance is based upon earnings and any taxable income paid via HMRC. I can't comment on whether this is 'right' or not. Again, much depends upon the situation and your individual case. However, if you have a complain
Lou0927 19/10/2017 at 2:35 pm
I have been waiting for arrears to be paid by my ex husband for approximately 3 years. I have had no maintenance for 5 years. He now has our 17 year old son living at his mothers and is trying to claim for him from my wages! I earn between £600 & £700 per month and have our daughter with me. How can this be right?
WillH Editor 17/10/2017 at 10:10 am
@Rs - if the amount is taxable it may be classed as 'earnings' in which case it would be taken into consideration.
ChildSupportLaws Editor 16/10/2017 at 3:48 pm
If you are registered to pay through CMS, you would have to contact CMS directly if your salary has dropped, the CMS will advise.
Rs 16/10/2017 at 12:51 am
I have recently been constructively dismissed from my job and expecting compensation does CMS take this into account of child maintenance as I am out if work
ChildSupportLaws Editor 06/10/2017 at 1:51 pm
The CMS gets all financial information from HMRC, making sure it is for a complete tax year. So, it would be the last full tax year you worked, i.e April 2016-April 2017.
Confused 03/10/2017 at 11:25 am
I've had quite a bit of overtime recently.... however that has all stop this month.
My daughter has now moved to her dad's.
How with the cms calculate how much maintenance I have to pay ?
I'm down about £80 a month.... compared to this time 6 months ago.

Thank you
MooseJ Editor 19/09/2017 at 3:58 pm
@Broken - I don't think CMS will do anything if you're off for a short period of time. I'd ring them up and find out.
Broken 19/09/2017 at 7:41 am
Hello I have just started work for a new company and as such do not receive sick leave. I have just broken my foot and can not drive etc so will be on statutory sick pay. Will the CMS change my weekly payment or should I leave my employer as I'm on a weeks notice period?
Away 19/09/2017 at 7:37 am
Hello I'm thinking of leaving work and traveling around Asia etc for up to 6 months. I currently pay via CMS calculation directly to the mother. If I have income form rented rooms in my home but keep a room for my personal belongings etc would any room rent be taxable I understand the first £7500 is tax free under the rent a room scheme.
ChildSupportLaws Editor 08/09/2017 at 11:57 am
This would not count as earnings. The only earnings that count in a child maintenance application are earnings which are taxable.
Dinky 07/09/2017 at 4:32 pm
I had to sell my home and give my ex £50,000 does any of this money count towards his money earnt or is it purely earnings as an employee
MNO 22/08/2017 at 12:35 pm
My 'jobs need' car appears on my wage slip as a Notional Payment, this amount doesn't appear in the make up of my salary as I don't receive a penny of it. I pay tax on that Notional amount and I have to pay all my private fuel.
Why is this Notional amount added to my salary for the purposes of the CSM calculation? I'm paying money to my ex that I don't actually earn?
Why doesn't the CSM do the smart thing and just use Taxable earnings as the basis for their calculations?, thus eliminating grey areas and making it an all round fairer system... My mortgage, my bills and everything else I have to pay for in life is paid for with my earnings... notional payments are not disposable income.
ChildSupportLaws Editor 21/08/2017 at 3:38 pm
Yes, you are still entitled to claim child maintenance for your children, unless he has stopped earning and if so the child maintenance will be recalculated to take this into account.
bella 18/08/2017 at 12:14 am
My ex work visa has run out so he nolonger works however he has gone and got married to a British citizen and is now on a spouse visa will i still get maintenance from him? as it's his wife which is now supporting him and she has 2 children from her previous.
Pemstar 01/08/2017 at 9:05 pm
If my sons dad is off work on statutory sick pay for two weeks will he still have to pay any maintenance? Or will it just be classed as arrears and spread over the following months?
ChildSupportLaws Editor 11/07/2017 at 11:53 am
A person would usually pay tax automatically on life annuity payments, at a rate of 20%. Therefore, if the amount is taxable, then it is considered an income. If you think this payment is unfair, then you can appeal/complain via which
ElephantsGerald 10/07/2017 at 6:21 pm
I was widowed aged 28 and receive a monthly payment from my late wife's company as an annuity. As far as I can see the "rules", this is not earned income. I am not a retired person, so it is not a pension, and I am not a pensioner. Neither is it a payment from "my" annuity.

Due to the fact I receive £1,100.00 per month, I receive absolutely nothing from the State. However, the CMS have decided to take 11% gross from this sum, as an award to my daughter's mother. My rent is £650 per month and I am currently running at a negative of £250 per month.

The question is whether what I receive is "earnings" or not?

I have no issue paying my dues, but if I was entitled to ESA, my payments would be £7 per week. I feel I am being punished for having a legacy, that was afforded me, way before I met my child's mother?
ChildSupportLaws Editor 30/06/2017 at 11:58 am
Much depends upon what type of pension it is and whether it can be classed as earnings. If you were told otherwise, you can complain which
Mortified Father 29/06/2017 at 5:33 pm
THIS IS A WARNING to all Father's paying CMS who after reaching the age of 55 may be considering taking a Lump Sum from their Pension Pot!!

If you do cash in a Pension Pot then I can 100% assure you that it definitely is taken into consideration by CMS when your Annual review comes up.

My Annual Review letter arrived today with a massive uplift in my next 12 months of payments.

I called CMS to query this as I had called them earlier in the year to question as to whether cashing in a pension pot would or would not be taken into account.

The answer I received back then from the CMS was; 'No it would not be taken into account by the CMS' and so I went ahead and made serious financial decisions based on that advice.

The answer I received TODAY when I queried the calculations was; 'Yes, it is taken into account and you were ill-advised (by the CMS) earlier in the year'.

So, please BEWARE!!
RubyTue Editor 27/06/2017 at 3:53 pm
@Fairnessisonlyright - Child maintenance is based upon earnings and if your ex has no income, then he is no longer liable to pay child maintenance even arrears.
Fairnessisonlyright 27/06/2017 at 1:39 pm
My ex is in arrears through non payment of child maintanence . He now has given up work as he is on statutory pensionable age . He has no private pension . I'm told the arrears can not be forcibly recovered even at £1 a week . How can this this be correct ? It seems to be a big loophole .
ChildSupportLaws Editor 26/06/2017 at 12:26 pm
You would have to ask CMS directly regarding this as it is quite a grey area. Much depends upon whether it is classed as taxable.
Rojr1977 23/06/2017 at 7:32 pm
Hello, if you opt out of a company car, and receive a payment of a "car allowance " of £6600 PA , is this classed as income and included with net wages income? Thank you
ChildSupportLaws Editor 12/06/2017 at 12:57 pm
If your ex has any income, then you can make a claim via CMS here.
Nikky 10/06/2017 at 11:54 pm
My ex is unemployed and always refused to pay maintenance as says cannot afford it - refuses to say how much money he has.
He is not on benefits as savings level too high.
Has income from shares and private pension.
Can you find out what he earns and can this be classed as his income and assessential made for maintenance?
Ben 04/06/2017 at 4:56 pm
I work away Monday to Friday and have my child every Saturday over night. I recive lodge money on my pay slip every week and I believe you have been using this as part of my income when it is not this is used for me to live in London whilst at work. Can you please explain how you have worked out what I pay as you have stated on my last review I earn £999per week when in reality £250 of this is used so I have a roof over my head?
Bronc 27/05/2017 at 4:34 pm
Hi,
If I take a lump sum from my pension pot.
Will this impact on my cms direct payments to my ex.
That is will it be added to my yearly review,
When being assessed for next year's payments.
Bronc 27/05/2017 at 4:16 pm
If I take a lump sum out of my pension,will this impact on my CBS yearly review?
him 24/05/2017 at 3:09 am
the cms isnt a fair company at all they have brought to my knees i first heard from them in march 2017 after saying ill get a loan to clear arears (from her being on benifits i got a big bill for the goverment ) which i paid off in full i have 2 other young children cms put them on my claim then took them off again with out any reason then said they dont live with me ? ? dont know how they worked that out then decided to back date arears to september 2016 at a high rate plus 20% on top everytime i question why they change my keyworker so i never get anything worked out ive always paid her direct but we had a falling out as she wanted me to pay her the goverment debt and was outraged when she didnt get a penny of it so she told cms i havnt been paying her even tho ive go ALL payments on bank statements they have taken her side and refuse to look at my statements and are seeking bailifs against me to pay a debt i dont owe i really cant take any more from these people and will be at blame for many deaths where fathers cant cope with life because of them
Torquil 12/05/2017 at 2:13 pm
I have a mutual agreement in place for access and maintenance. We live 130 miles apart and were meeting every second weekend half way. Nowe my sons Mum wants £40 per month for travel costs. Where do I stand. I pay the appropriate level of maintenance for my situation.
Royb1982 04/05/2017 at 3:20 pm
I have just changed jobs, now I recieve "tax free" food and over night allowance at work, will these monies be taken into account by cms?
ChildSupportLaws Editor 04/05/2017 at 12:45 pm
As specified in the article, any payments made under a disability pension or benefit are not counted as earnings and therefore not made assessible by CMS.
Willi 03/05/2017 at 6:51 pm
Hi
I'm about to get a medical discharge from the army. Will my invalidity pension be taken into account for child support payments ?
Thanks
Nick 20/04/2017 at 11:06 pm
Hi there, looking for some guidance. I'm a father paying for one child. I've had a lot of stress and worry caused by CSM lately due to phantom arrears they say I owe, 1k to be exact.
I was on a collect & pay scheme and was charged 20% on top of my payments, now on direct pay to mother.
The arrears arose after an argument with my ex over her spending on nights out and me arguing the fact the money was for our son not the p1$$, it was £50 per week I paid. she then decided to go CSM to shut me up and get one over as I have never not paid and I always would pay. However, they had on their records my old employment wage and dictated I should of paid £85 per week up until Christmas then the new payment of £56 per week in January onwards, with extra added on to pay arrears to the sum of £320 per month.
Now, I've been in my current employment since 2014 so my wage hasn't changed but CSM refused to adjust this and I'm left with arrears, hence my view of these being "phantom"

The other issue I have is they have me down as earning 5k annual, this is due to me having a company vehicle that I pay tax on.
Question is, this is a benefit provided by the company so I can drive around the uk carrying out my work commitments and I don't see this 5k
Is this right, can they take this into account??

I've just had a new born, 6week old and I'm on my knees, I have debts/bills and new family to support and just think this isn't right.
I would never not pay and pay fair but feelim being had and it's really bringing myself and my wife down.
Any advise or guidance on this would be greatly received.

Thanks, Nick
Mrstht 29/03/2017 at 4:28 pm
Hi, my ex has recently sold his house and also some land adjacent to the house, does the profit from the sales count towards his earning for child maintenance payments? Thank you
ChildSupportLaws Editor 27/03/2017 at 2:07 pm
If you think your ex is being paid far more than he is paying himself, then you may be able to take the matter to court. A court will lookat his wages and accounts in depth. However, it is worth seeking legal advice to make sure you have a strong case.
Kayl 25/03/2017 at 2:20 pm
My ex was paying Child Maintenence, then quit his job when he was forced to pay it when Child Maintenence got an attatchment to his earnings. He payed two payments since April 2016 , and admitted he quit his job so he doesn't have to pay for his son. Now I find out he's claiming anything he can get his hands on , refuses to work and breaks cars and sells the bits , also buys stuff from market and sells it online for an even bigger price. All because he doesn't want to pay child maintenance , he's getting everything paid for and still getting a lump some of money when he's stripping cars. Do I tell child maintenance or can i not do anything about it.
Joach 25/03/2017 at 1:11 am
Was hoping to get some advice. My X has set up a company of which he is listed as the director. He pays himeself a wage from it and the pays my child maintenance from this wage. However he earns much more than this amount. He works off shore as s rigger. My question is should maintenance be paid on the whole of his income or kust the wage he pays himself?
ChildSupportLaws Editor 20/03/2017 at 1:39 pm
Please see CMS link here which will be able to help define an approximate figure. You may also need the REMO link here- if your ex lives abroad.
Ne 18/03/2017 at 12:50 pm
My stbx earns £10k (after tax) how much CSA would i get a month?
He lives broad and sees child/children 2 a year (10-15days)
SimonP75 04/03/2017 at 10:22 pm
Hi, I'm just about to finishing my service of 22 yrs in the Armed Forces. I have secured a job but at a £10k pay drop, so naturally my monthly maintenance payments will change and drop by £100pm. As a part of our divorce I received no further claim - clean break order from the courts in life/death regarding my armed forces pension. can my ex wife claim my pension as an income to supplement the maintenance payments? Even with this clean break Order?

As two years ago she withheld £4000 from court agreed settlement (what she says she would've been entitled too in the divorce - but she agreed not to pursue in return for me signing house over in return for a cash settlement. (All which was agreed and signed in Court divorce order) I didn't make a fuss as it had taken 8yrs to get any money she owed me, but never forget either.

Since our sepeartion and last 11years I've made voluntary payments on time every month, without failure. There has been no requirement for the old CSA system to get in involved.

Many thanks
Martin 12/02/2017 at 7:11 pm
I am recently self employed earning approx £70 per week. I am single, with one child living a home full time. I also receive child tax credits and working tax credits. Are both tax credits used to calculate maintenance payments? Thank you
ChildSupportLaws Editor 07/02/2017 at 10:02 am
As we can only give general guidance, your only course of action is to seek legal advice or complain/appeal, Hopefully, someone else with more legal knowledge may see your posting and attempt to give you some advice.
PHIL 06/02/2017 at 12:30 am
Settle pension, question below anyone have a response that could help please.
PHIL 06/02/2017 at 12:28 am
was divorced in 2011, during the CSA times, I paid all my normal payments direct based on my employment. I had accident at work now recieve a higher pension for my ill health, PIP higher rate, and industrial injuries benifit. No other income. The new CMS said they will take 24 per cent from my Pension plus £7.00 from my industrial injury payments. I have requested that the pension be disregarded as in 2011 prior to CMS my ex settled all claims , and financial agreements in court, with a court sealed consent stating we would not. Or ever claim against any pension if so awarded. The CMS state they will disregard this consent order from the court., as the child support Act states they can. I can find any part of this act that has a stautory instrument that can over arch the original consent order. They have told me if I do not pay from my very small weekly pension they will take it by direct collection. I think this action is unlawful. The attorney general said only three days ago that no government department is above the rule of law. Could you help as I think I have caused a real problem for the CMS in this issue. Alot of parents now settle child support at court for the life of the chikdren. So how can you do this when a new agency steps in and uses guidline policy to run rough shot through any legal divorce agreement that was in force years before it was created.Please where do I stand if anyone can help. No one has had a similar issue after months trying to find information. Thank you Phil
PHIL - 27-Jan-17 @ 4:19 PM
Nick 02/02/2017 at 1:54 pm
Hi, I wondered if anyone could help? I have a company car from work, which they pay me money for and the car is leased in my name. They give me it in one hand and take it straight back. This is having an affect on my gross monthly wage. Is there anything I can do?
ChildSupportLaws Editor 02/02/2017 at 11:15 am
You would have to prove diversion of income as the new CMS rules have an anti-avoidance provision. You can take the matter further to be investigated, please see gov.uk whichI hope this helps.
Sammie 01/02/2017 at 10:41 am
Hi.
I use the new child maintenance service. It would seem as if my ex husband has increased his pension payments so the child support payments reduce. He now pays over £14,000 into his private pension scheme. I have asked for a mandatory re consideration but I have been told that I would have to provide evidence. It's seems there is a loophole as pension payments can be increased so that the amount of child support can be reduced. I'm at a total loss of what to do here as my payments have dramatically decreased. Any advice would be very much appreciated.
PHIL 27/01/2017 at 4:19 pm
I was divorced in 2011, during the CSA times, I paid all my normal payments direct based on my employment. I had accident at work now recieve a higher pension for my ill health, PIP higher rate, and industrial injuries benifit. No other income. The new CMS said they will take 24 per cent from my Pension plus £7.00 from my industrial injury payments. I have requested that the pension be disregarded as in 2011 prior to CMS my ex settled all claims , and financial agreements in court, with a court sealed consent stating we would not. Or ever claim against any pension if so awarded.
The CMS state they will disregard this consent order from the court., as the child support Act states they can. I can find any part of this act that has a stautory instrument that can over arch the original consent order. They have told me if I do not pay from my very small weekly pension they will take it by direct collection. I think this action is unlawful. The attorney general said only three days ago that no government department is above the rule of law. Could you help as I think I have caused a real problem for the CMS in this issue. Alot of parents now settle child support at court for the life of the chikdren. So how can you do this when a new agency steps in and uses guidline policy to run rough shot through any legal divorce agreement that was in force years before it was created. Please where do I stand if anyone can help. No one has had a similar issue after months trying to find information. Thank you Phil
CMA Victim 24/01/2017 at 10:57 pm
CMA used latest tax info which was to April 2015 not April 2016
I sent 5 yrs p60 13 months payslips
To no avail P60 in their eyes is not proof of income
I had to call HMRC 2 mins later they confirmed correct info
After another call to CMA told get letter from HMRC as proof
Been trying to get correct payment as I have always paid but due to another tax it jumped from £280 a month to £570 a month

God forgive bloody politicians that passed this rule
Willing to pay but new family will suffer
House will be up for sale
Might jack job in
Go on benefits

Plus threats of xtra 20% charges
God give me strength
ChildSupportLaws Editor 19/01/2017 at 11:21 am
You would have to speak to the CMS directly, or if you feel you have been treated unfairly complain, please see gov.uk which
Jj 18/01/2017 at 2:23 pm
As a result of a mandatory reconsideration, the amount due from my ex husband for child maintenance was reduced as of the 1st January. By the time the letter had been sent, he had paid the full original amount snd had therefore overpaid. Child maintenance have told me that he is within his rights to 'claw back' the amount overpaid on the 1st February as a lump sum. We are on a direct pay scheme but there is no communication between him and I. My query is that, when I have been owed arrears from him, they have been apportioned over a number of months with no consultation with myself. Once again, with no consultation, he has agreed with child maintenance that he will claw back in a lump sum. Is there a way of the overpayment to me being apportioned back to him? It seems totally unfair, unreasonable and biased towards the father. Many thanks in anticipation
ChildSupportLaws Editor 18/01/2017 at 11:30 am
Yes, any money which is taxable via the HMRC is considered 'income' and therefore will be assessed by the CMS.
Tiss 17/01/2017 at 3:06 pm
Hi
My ex husband has now retired as a police officer with a good pension and a monthly wage .... he's just halved my maintenance payment so I have gone through csa ...... will they take into account his pension and his monthly salary
ChildSupportLaws Editor 17/01/2017 at 11:13 am
I'm afraid we do not know the administrative timescales of the CMS. However, if you think a change in your circumstances could affect the amount of child maintenance you pay or receive you should let the CMS know. The link herehighlights these. However, if you have been ill and you could not give notice (as you did not know when you would be returning to work), and you think you have been treated unfairly, you can complain.
S2016 16/01/2017 at 12:00 pm
Hi
I am currently employed but not receiving any salary as I have been off sick. I have received pay until Dec 2016 and have been paying my child maintenance, however I am not being paid anymore and cannot afford to pay my child maintenance at the moment. I spoke to child maintenance services and they said i have to give them 12 weeks notice and I still need to pay them in the interim, can you please help as this is not possible at the moment?
Thank you
Fool 09/01/2017 at 3:53 pm
I have my child support stopped from my wages every month I've since been ill and have been of work and claiming ssp child support take this money and leave me with nothing I have no rent money or able to pay my bills I rang them and they told me its legal they can do it any helpful answers please
Frustrated 03/01/2017 at 7:31 pm
Hi,

Reading the article above it states that earnings are funds taken into account after deductions via CSA. The new Child maintenance Service (CMS) take the Gross salary into account and will not entertain deductions. By the time my husbands deductions have come off his salary he is around £1000 per month less yet the CMS system won't take that into account and he is still expected to pay an amount based on his gross even though he has a new baby at home to consider. How is that a fair system?

And just to be clear, my husband has had a family based arrangement for over 7 years, always has his children and never missed a payment but his Ex wife had another baby to another partner then used the CMS service by lying and stating my husband never pays. We have years of proof of payment & sleeping rota arrangements and they just wouldn't accept it as evidence. It's like he is now being punished for making an amicable paying arrangement with is ex and not involving legal processes. I'm at my wits end and keep going round in circles with this service trying to get a fair decision. Help!!
guddad 02/01/2017 at 5:40 pm
I have a jobs need company car. My company lease it and I pay tax and private mileage costs on it. It is shown on my payslip as a notional payment but isn't included in my salary figures. My company say it is not part of my salary, it is required for the job I do.
Is it right that either the old CSA system or the new CMS system would use this in their calculations.. I don't benefit one penny from the car and I don't get to choose if I want it or not, it's not something I could refuse in exchange for extra money??
Please help me understand.
ChildSupportLaws Editor 20/12/2016 at 11:30 am
If your ex is still earning and paying tax on those earnings, then these will be taken into consideration. If you feel you are being treated unfairly, please see gov.uk which
Mia 19/12/2016 at 8:12 pm
My ex-husband has just reached pensionable age and is now in receipt of a state pension. I have been informed by Child Maintenance that he will now only pay £20 per month for our two children - how can this be right when he continues to work in full time employment and earns £40k per year and has an additional private pension of £7k per year?
ChildSupportLaws Editor 08/12/2016 at 12:11 pm
Child maintenance is based purely on taxable earnings, so if your lump sum is tax free, then you would be exempt. However, if your pension is occupational and taxable, then you would be assessed for child mainetnance payments on the amount of pension you are earning.
BB 07/12/2016 at 11:20 pm
HI. I'm in the fire service and looking to retire in the next 3 yrs. I pay the basic 15% child maintenance for a daughter I've never seen. When I retire do I still have to.pay that 15% from my pension. Also am I legally bound to pay any amount from the lump sum I will receive on the day I retire. Thanking you in advance. BB.
Gary 29/11/2016 at 1:57 pm
Hi the artical indicates CMS use net taxable earning but they have indicated to me gross. I wonder as i have a rented property and if the use gross i will lose money after paying mortgage and tax
ChildSupportLaws Editor 10/11/2016 at 10:22 am
If your ex is not earning, then it will affect his payments to you, as CMS payments are based upon taxable earnings. However, if the money is awarded to your ex as earnings and is taxable, then the CMS will take this into account.
Ang 09/11/2016 at 1:41 pm
Hi, I've just read in newspaper that my Ex husband's employer is shutting the site he works at. He will be given 18 months wages to have time to find new employment. Can you advise me whether CMS payment for our youngest son will stop at that point? I already solely support our eldest son who is at college full-time, but am worried how I will support both sons alone on a part time wage. Just trying to prepare myself for whatever eventuality is coming.
Thankyou.
Iryna 02/11/2016 at 3:10 pm
Can the CSA make a deduction from earnings, for arrears, against my Police Disability Pension ?
Gary 25/10/2016 at 7:07 pm
I have been paying for my two daughters direct to my ex on a calculation from the CSA however my ex has now instigated a new claim via the CMS and they are taking into account my company car as earned income which increases my liability by over £100 a month. I read somewhere that at appeal a ruling was made that a company car which is a necessity in my job should not be used in any calculation as I had not received the money and pay additional company car tax. My net income this year is actually less than previous years BUT my CMS liability is almost double. can you advise?
ChildSupportLaws Editor 13/10/2016 at 12:47 pm
As a rule any taxable earnings can be taken into account with regards to child maintenance paid from bonuses, commission, overtime payments or royalties.
Matthew 12/10/2016 at 9:28 pm
Hello.

I am serving member of the RAF paying child support via the CMS for one child, although this is not subject to a maintenance order.

Next year I will be eligible for a commitment bonus. It will be the only bonus I receive in my career and will count as taxable income.

I've read elsewhere that regular bonuses are taken into accoubt but that one off payments often aren't, however, nobody can give me a definitive answer. Therefore, can you tell me if the CMS are likely to include this when calculating how much I should pay in child support?

Thanks.

Matthew
Chitra 12/10/2016 at 10:23 am
Hi
Recently i have suffered loss of earning due to a car accident, which wasn't my fault.
I used to sacrifice a part of my pay(£243) for childcare voucher. Now while calculating the loss of earning my solicitor is unwilling to consider this £243 as a part of my salary.
Is that correct?
ChildSupportLaws Editor 11/10/2016 at 10:46 am
You don't say whether you have a maintenance order in place, if not you can see more via which
Marly 10/10/2016 at 9:37 am
I live in the republic of ireland and my ex husband lives in leeds England he has stopped sending me maintenance because I live here I don't know how to go about getting what my child is owed please help
ChildSupportLaws Editor 05/10/2016 at 11:15 am
The CMS will not generally take a tax-free lump sum into consideration. However, you may wish to check if there is ceiling to this lump sum amount before assessment is considered. Plus, if a parent has substantial unearned income, the other parent can request a variation of the maintenance calculation. Your 'taxable' pension income will be assessed with regards to child maintenance payments.
redhoggle 04/10/2016 at 10:25 am
I currently pay £519 maintenance to the CMS but have the option of retiring in January--This would give me a possible lump sum of 60k which is tax free and a pension of £12000 per annum

Can the CMS use my lump sum as a source of income or can they only use my pension for their calculations?
soldier 23/09/2016 at 7:30 pm
I am about to reach 55 years old. I am considering cashing in some pensions into lump sums to pay off debt, etc. When I divorced 6 years ago, my ex wife did not make a claim in the court for my pension. So she has no legal right to my pension anyway. At the moment I regularly pay a monthly fee via the CMS for my children. My question is; if I cash in some of my pension and receive a lump sum, will this count as income and thus bump up my payments to my ex wife next year because the CMS will include it in the annual review?
Bob1973 15/09/2016 at 6:32 pm
I have paid csa for the last few years for both my sons. The last two years I overpaid by about £150 a month which was fine. During the previous tax year I was required to work a certain amount of overtime which has not been an option at all this year. The csa looked at my earnings in June and worked out I should pay £257 a month. The new child maintenance have just told me I should now pay £404 a month. (I am not earning any more then I was in June!) This opens up two questions; 1) the amount is being worked out against earnings I no longer get. Is this correct? 2) I also receive a small army pension, is this part of what they take into consideration even it is under £10k? I am not in a highly paid job so as you can imagine this is a huge increase. Also my oldest is a paid apprentice going to college one day a week.
K 10/09/2016 at 7:28 pm
Hi, My ex and I have a 5yr old son. He has a 10yr old daughter from a previous relationship (though no longer lives in the uk) and an 18 month old son who lives with him. I know the 18 month old will be taken into account when working out payments but will the 10yr old be?
ChildSupportLaws Editor 30/08/2016 at 2:55 pm
You would have to seek legal advice regarding this as we can only advise on general, non-specific questions.
Pattym30 30/08/2016 at 6:17 am
My ex is relocating to Wales shortly but may not have a job when he first moves however he will have capital of approx £100k from the proceeds of the sale of his house. I have been told I can take him to court under section 1 to obtain a lump sum sum from his assets. Is this correct & if so how do they calculate what percentage I would be entitled to recieve? I have also been told I can recieve the lump sum & still claim CMA?? I would appreciate it if someone could advise how to work out how a capital asset is calculated into an income.
Jona 15/08/2016 at 2:55 pm
I presently pay 25% of earnings as maintenance payment. I am now at risk of redundancy with a potential redundancy payment of £50k. How will the CSA take this into account for any maintenance payment? i.e. Will I be obliged to pay an ongoing weekly amount, or will a £12.5k lump maintenance payment have to be paid?
Likewise, if I take an additional £40k tax free lump sum out of my occupational pension, what maintenance will need to be paid?
Jona
clar 28/07/2016 at 12:03 pm
My ex has just retired from the police on ill health grounds and received a lump sum payment to which he has paid into for 27 years. He pays regular CSA to me, will this amount now go down as his monthly income has dropped and he only receives his pension as an income, baring in mind he has had a lump sum payment over 100k? Thank you
ChildSupportLaws Editor 27/07/2016 at 10:34 am
The rate of maintenance you must pay depends on your gross weekly income. Gross income is money you earn before Income Tax and National Insurance are taken off, but after occupational or personal pension scheme contributions are taken away, please see CAB whichWe have many parents that ask the question, 'should I provide nappies, clothes etc?' The answer is that non-resident parents should have supplies of these items in their home as they are necessary requirements to all parents bringing up children.
Mitch74 26/07/2016 at 12:41 pm
My ex partner has recently put in s claim to CMS despite the fact I've always paid her maintenance every month, even when I was self employed and not earning a great amount. I paid £280 a month for my two girls plus extras, including savings for them and I have them roughly 80 nights a year. This was a mutually agreed figure but she has been hinting for some time, that she thinks I should increase it. I took on a job last October that meant I was employed, this has increased my wages. Which is why I am sure my ex has approached the CMS! My ex and husband are on a very high wage between them, but I know that unfortunately that isn't taken into account. My questions are; 1. I am paying into a private pension, so how much of that, do the CMS take into account? 2. My ex has told me she will no longer provide clothes for the girls to wear on the weekends I have them. Is that something she's entitled to do? It seems unfair in light of me now paying her extra money!
ChildSupportLaws Editor 18/07/2016 at 2:12 pm
I suggest you seek legal advice. If he is syphoning off income, then while the CSA/CMS may not to be able to prove this, a court might through looking more closely at his lifestyle and accounts. However, you would have to be sure that he has purchased property etc from 'income'. If he has brought the property from savings this would not help you, as it is income and income alone that is assessed towards child maintenance. Therefore, you would have to be sure in your evidence, as you could be landed with the court costs if you cannot categorically prove your ex is earning and he in turn can prove that he is not.
mug 02/07/2016 at 7:14 am
Hi, my son is 18 months and his his father has never taken any responsibility for him . After 3 months of coming back into our lives and me have to fund his fare money to get to us he has decided again that it is ' too much for him to cope with ' so I am now considering claiming child support as he has never spent a penny on him and I know never will . I have also just found out that he is cashing in a lump sum army pension in September. Would we be entitled to any of that as well ?
ChildSupportLaws Editor 21/06/2016 at 10:56 am
You can continue with the mutual agreement and take into account the fact he will be earning less (if you went through the CMS and CSA and his wages reduced then these agencies would also take this into consideration and reduce his payments accordingly). If your ex is on long term sick, then it depends upon what he will be living on; if he is on a full-time wage, then you would not expect your child maintenance to change. If he will be living on SSP and his income is reduced significantly, then unfortunately so would his maintenance payments to you.
Loug73 20/06/2016 at 12:10 pm
My ex-partner pays me child maintenance via mutual agreement every week. . However he is apparently going to be on long term sick and states he won't be able to afford to pay me at all. What happens there??
ChildSupportLaws Editor 20/06/2016 at 10:56 am
You don't say why you haven't had money from your ex, therefore it makes it difficult to advise without knowing why he hasn't paid or whether you have made a previous claim. If your ex is earning then you may still be able to make a claim if your son is remaining in education. I suggest in this instance you call the CMS directly for advice
Jo B 19/06/2016 at 5:57 am
hi, I split from my ex 13yrs ago and haven't had a penny out of him since. Although my son is 18 now he is special needs, which has for all these years made me his carer and therefore unable to work can I make a claim against him for loss of income? as I was studying for a degree when he left, and as said haven't been able to work since.
Thanks
Jo
ChildSupportLaws Editor 07/06/2016 at 12:25 pm
You only pay child maintenance on earnings, so while your ex partner may be able to claim on the interest you are earning from these amounts, she could not claim for the amounts as a lump sum. You may also wish to seek legal or financial advice about investing the money for your son.
jimmy the fish 06/06/2016 at 4:21 pm
Hi, I am looking at receiving a sum in the range of £250,000 to £750,000 in a compensation claim which should be settled by Aug 2017. I am wondering if my ex partner is able to chase me for money for my son? This might get you thinking hang on he gets all this and is asking this what kind of dad is this? Read on.....

Well what I want to do is put away a lump sum of say £50,000 to £150,000 into a savings account so that when he reaches say 16, 18 or 21 or break it up so that he gets 25% at 16 25% at 18 and the other 50% at 21 when he is more mature. I am asking if she can put in for a claim because I would rather put the money away securely rather than let her flit it away on crap.

I am not saying she is a incapable mum but I just want to make sure my son gets the start in life many can dream of. I lived a povish childhood and didn't have any holidays over seas it was the occasional visit to Cleethorpes or Skegness.

I would rather put the money into an account safe for when he is older that no one can get their hands on. But am worried because she is asking me questions at the moment about how much my claim is worth. I know as soon as I have been payed out she will try and cash in. If she tries to claim money for my son through maintenance would she have a legal leg to stand on? If I was to prove that I had set aside money for his future would that be taken into account or would they simply say I have to pay for the here and now. Obviously I would still buy him clothes take him on a holiday etc but am worried she is seeing (£)(£) in her eyes. Sorry its long but I aint no good at explaining. Thanks for any info.
ChildSupportLaws Editor 06/05/2016 at 1:42 pm
I think in this case you should call REMO as its advisers will be able to help you directly.
Single mum 05/05/2016 at 9:48 pm
Hi, i've ended my relationship with my ex partner. He paid child maintenance as i've contacted the CMS. Recently, he went unemployed so now im not getting any child maintenance. The worse thing is... he sent me a message and said i wont be getting child maintenance as he will be moving abroad and start his new job in a different country. He has not told me which country he's moving to. I believe he will start his new job abroad for a non UK company, as he done so before we got married, as he works as a bodyguard.

I done my research. If i apply child maintenance through REMO to collect money from him. The trouble is, i don't know which country he moved to. If he moved abroad with his UK passport and flyed on plane, will the UK government be able to find out which country he moved to? Will it cost me anything to apply REMO from my local magistrates court?

I found it very easy to contact the CMS to arrange child maintenance when he disagree with a family based arrangement. Will applying through REMO be as straight forward as CMS? Thanks, Sue
42shades 01/05/2016 at 11:10 am
Hi,
i've been unable to work for the last 12 months due to illness claiming ESA. The reason for my illness is currently going through courts, if i am paid for loss of earnings, both retrospectively and future, where will i stand with the child support payments? Ive been ordered to pay £0 per month but have been managing £40 per month so far.
Thanks.
ChildSupportLaws Editor 27/04/2016 at 11:32 am
I'm afraid it is always a tricky situation with paying parents who are self-employed as it is very easy to make it look as though a person is not earning a significant income when expenses are high, or if your ex has just started in self-employment very often it takes a long time to actually see profit against expenditure. It means there is little you or the CMS can do to extract money from a low income, despite your ex being registered with the HMRC.
Samr8611 26/04/2016 at 12:00 pm
I have an ongoing case with cm my ex partner has never paid for our 9 month baby, they have said they will put a deduction of earnings order on him, but as far as I'm aware he is self employed is anyone else in the same situation that could help or know if cm can do something with him being self employed?
Keith 22/04/2016 at 7:16 am
Loophole: a father can use the CMS to override a court order for maintenance after 12 months, take voluntary redundancy (example 50K), inform the CMS the next day they have no income and and not bother getting a job for 2 years, stops paying child maintenance and discards there responsibilities whilst using the money to go on lavish holidays and living like a king! And the CMS helped him do it! Absolutely disgraceful!!!!
Wally 21/04/2016 at 12:44 pm
I've been paying csa for the last 4 years, I've just medically retired with a cash lump sum, I was taxed 20 p on my final wage slip, what is my standing in regards to carrying on making payments ?
Tod 16/04/2016 at 10:13 pm
My partner was on sick for one week and was told she still had to pay full amount as protected earnings is 495 month after she had 4 weeks sick pay 312 then csa said she as to pay 20 a week is this correct she as fallen below protected earnings and she was also having to pay maintenance for a child living with her due to dad wouldn't cancel child benefit so you claim child benefit you can claim maintenance what a joke csa wouldn't do anything I think there think she was lieing now she owes over two grand arrears for a child that lived with her in the end she said to her son go live with you're dad she couldn't afford to keep him she should have been getting child benefit and maintenance instead paying maintenance and getting no child benefit csa is a joke
Jofo78 09/04/2016 at 8:48 am
My ex is claiming JSA he has also received pension lump sums totalling just over £15k since Jan 2015, he has not been drawing a regular income from his pension however. Does this mean this money is disregarded?
ChildSupportLaws Editor 05/04/2016 at 12:48 pm
There is nothing to stop your friend coming to visit you. If he is not working then the court will not chase him for money as child maintenance is purely based upon earnings, therefore he does not have to justify his actions.
HelenaA 04/04/2016 at 4:08 pm
Hi.

Pardon my horrid English, but I hope you understand what I am trying to say.

I have this troubling situation. The case is that I have a friend who is unemployed and therefore unable to pay any support for his ex. However, I live abroad and would like him to visit me this summer. I would pay his flights and upkeep. He refuses my offer because he's afraid his ex - and the court - would think _he_ is the one having money to travel abroad and do things he shouldn't afford. Naturally no money would even visit any his account as it is possible to book and pay flights for other people.

So, is there any way I could enjoy his company for a couple of weeks so that it wouldn't anyhow interfere with the existing CSA agreement/decision? Also, is he even allowed to travel abroad for any reason?

Thanks in advance.
Lml 31/03/2016 at 3:28 pm
Hi I'm really hoping someone can help me my husband has paid Csa regularly for the past 4 years. Today he phoned to give them some figures from recent wageslips and they asked him for our tax credit details saying that they include it as income. I'm really confused as surely the tax credits I receive jointly with my husband is for our two children. I have no problem with him paying Csa out of his wages but now they want to take our children's money, even though she his ex claims tax credits herself. Please help I feel sick with worry as its not something we can afford.
ChildSupportLaws Editor 24/03/2016 at 11:59 am
Inheritances aren't touched by the CMS, child maintenance is based on earnings alone.
Reubansmomma 23/03/2016 at 2:36 pm
Hi. I was hoping for some help/advice
My soon to be ex husband currently pays for our son, and does whatever amount the CMS say is correct
But I happen to know that he could get a lot of money left to him via a will and possible sale of a house.
The case is still open and I'll be keeping it open for a while so will CMS deem that as income and my son gets a percentage ? I am new to all of this so not really sure where to start! I know CMS will annually review his income
My son needs some costly equipment which is why I ask...

Many thanks
ChildSupportLaws Editor 21/03/2016 at 11:18 am
I suggest in this instance you contact the CMS directly via the link where you can chat online with an Options agent here.
gerty123 18/03/2016 at 11:30 am
My ex husband as a army pension does the child maintenance take this into account as it's taxable income.
kezza 17/03/2016 at 1:59 pm
Hi, My ex husband is currently paying the maintenance for his daughter but he refuses to see her, his choice. Come May this year he is being made redundant and will be receiving well above the statory redundancy pay, he is getting roughly £90,000. When he ceases his employment, will he still be oblidged to pay me the maintenance or will it stop?
Much appreciate any help.
ChildSupportLaws Editor 15/03/2016 at 12:26 pm
I have included the leaflet: What action can the CSA take if parents don't pay? here which should tell you all you need to know.
shating 14/03/2016 at 1:55 pm
A friend was a few months in arrears with csa payments as he was out of work, he had a job over Xmas for a period of one month, he never received any wage slips p45 or anything from the company nor did he receive the two weeks in hand he did, then in Jan after being out of work for another month he received an out of court settlement for a personal injury and within fortnight he has had he's account frozen and is still out of work. Can they do this?
stinga 13/03/2016 at 2:08 pm
Hi i have been paying CSA since 2012 . since then i have been travelling to london from bristol every fornight by car to see my daughters in a contact centre for a supervised contact 40 pounds a session because of the lies she told . in october 2014 i lost my main contractor . i payed for 6 months from my savings even though i didnt have a job so it look good in court to keep getting contact. for after 6 months i stop paying and started agency work it is not stable i explained this to them last year that its not stable it goes on bills. they ask me why dont i seek some kind of benefit i explained to them im not entitles because no public funds is my visa conditions . now they send me a letter saying i owe 2700. now they sending me a form of how much petrol i use to pay to go to london and all this nonsense . why didnt they send this in the beginning when i told them im struggling? so i want to know what to do becasue i dont have 2700 sitting on. feel like just leaving the country all together to be honest
BillyWhiz 10/03/2016 at 12:54 pm
Hello

I provided details to the CSA of my income and expenditure as requested, I live with my parents as my ex partner is in our home, I pay my parents £50.00 p.w. in cash on a Friday for housekeeping (not including food) but the CSA don't seem happy with this and seem to want to dispute it. How can my parents prove this, I don't have a bank account at present and I am paid cash by my employer each week.

Thanks for any advice
xoxo 01/03/2016 at 11:03 am
I am currently paying csa for my son. As well as my wages do my child tax credits, working tax credits and child benefit count as my weekly income. I also have 3 children at home.
ChildSupportLaws Editor 22/02/2016 at 12:43 pm
It's a tricky situation to overcome, especially if he is self-employed (which means he can get away with declaring less if he employs a good accountant). If you feel you have been treated unfairly, then you can complain here.
Kelly 21/02/2016 at 3:19 pm
Hi I have a 5 year old and 11 month old. My ex has no contact with them due to being a violent waste of space. Iv gone through CSM and they have calculated his weekly income to be £18.50 so he only pays £7 a month! However he's an ex army Sargent, who got made redundant with a very large lump sum pay out, and an army pension. He also works both as a lorry driver and in high security, often in different countries. However, he tends to work for weeks / months at a time, then not for a while. He has a brand new car, flies regularly 1st class to Thailand, and an £8000 watch, so how can he get away with saying his income is so low? Thanks for reading
ChildSupportLaws Editor 15/02/2016 at 12:50 pm
Non-taxable income, not classed as earnings, includes; compensation or damages awarded for personal injuries whether received in one lump sum or over a period and whether awarded by a court or out of court settlement and/or interest up to the time of judgment awarded by a court on compensation or damages for personal injuries.
Jomcl 14/02/2016 at 9:26 pm
My ex partner is currently unemployed and not paying child support for our daughter but he will soon recieve a £40,000 claim from a road traffic accident would this be classed as income to the csa??
Zara 28/01/2016 at 12:15 pm
Hi,
I am going through a tribunal appeal against my ex (NRP). He has investments and capital in excess of £64,000 which he has not disclosed to CSA. He increased his pension contribution to 17% shortly after our separation. His pension pot is in excess of 150k. He is collecting Childcare vouchers from his employer and is not contributing towards my child's childcare costs. He does not have any other children. He has been doing this over the period of 2 years.
How will the judge assess the variation in Pension increase, capital disclosure and childcare? Does anyone have experience of something similar?

Thank you
Jenny 23/01/2016 at 3:23 pm
I'm currently trying to sort out maintenance with my ex. I'm unsure if he will be honest to inform me of pay increases and bonuses he gets. I said I would therefore do it through csa direct. He stated that if I do this it would not include his bonus anyway as that is a not guaranteed income. Can you advise if bonuses are included and my best way forward and with pay increases. Many thanks
seekingguidence 11/01/2016 at 10:10 pm
Do taxable benefits count as gross income? Specifically a company car. Thanks
Tip 07/01/2016 at 10:07 pm
I was ordered by the court to pay child support for my son. I see him every other weekend, holidays, and 30 days in the summer. I want to know if I could file him on my taxes? I was told by someone that I could file him for six months, but I still feel misguided.ms
ChildSupportLaws Editor 04/01/2016 at 2:39 pm
When a non-resident parent is self-employed it is often very difficult to obtain the levels of child support required. A good accountant will usually be able to sideline income, or your ex may be genuinely in financial straits which means he is not in receipt of an income. I can only suggest speaking to Child Maintenance Services directly regarding this.
CBC 04/01/2016 at 1:17 pm
My ex-husband got sacked from his teaching job last year. Since then he has been running his own company, which he started 5 years ago. Throughout those 5 years he was having to financially support the company. He has now told me that he can no longer pay Child maintenance for his 3 children as he no longer has an income. When I've asked him how he is financially supporting himself, he's told me the company is paying him back his directors loan, but this can't be classed as an income for child maintenance purposes. Is this right?
Carla74 02/01/2016 at 8:41 am
Hi, my ex took a voluntary redundancy (enhanced) receiving 14k for just 3 years service. He has not paid me CSA this month saying he hasn't got a job. I have huge mortgage he left me with and nursery fees etc, is he really not entitled to pay CSA from his voluntary redundancy? If that's the case it's so disappointing as he already got away not having to pay for two months whilst CSA took so long to find him as he moved out not telling anyone where. I'm livid, seems like fathers get away with too much, they have no idea how much it costs to bring a child up.
Gaf 20/12/2015 at 6:51 pm
Can the csa base thier deductions on expenses give to me by my employer for lodging away, rent in a work house, food, laundry and other day to items.
ChildSupportLaws Editor 18/12/2015 at 12:16 pm
You would need to review it between you. However, payments are based upon your amount of your income. If you are unsure what you should be paying, then you can use the CMS calculator as guidance, please see link: here. I hope this helps.
James 17/12/2015 at 5:31 pm
I have a non CSA agreement with my ex wife concerning maintenance payments for one of my sons. I have, and will continue to pay the appropriate sum based on my income until Sept 2017. I am due to take early retirement in Feb 2016 - Am I expected to continue to pay contributions at my current rate or at my monthly pension income?
ChildSupportLaws Editor 16/12/2015 at 2:10 pm
It's unlikely you would be able to claim from his lump sum, unless the lump sum was classified as earnings. You would have to speak to the CSA regarding this.
Pops 15/12/2015 at 8:24 pm
My ex is due to leave the navy next month, completing his 22 years. He tells me the CSA have done a reassessment and he will only have to pay £24 per week. (I have 1 child with a court order that he cannot see her). Will he be due pension/lump sum when he leaves and will I be entitled to claim anything more? It's a huge drop in maintenance for my child.
ChildSupportLaws Editor 10/12/2015 at 2:45 pm
As specified in the article, employers can deduct money from the following types of earnings: private pensions, occupational pensions; wages; overtime pay; bonuses; commission; or any payments that are made on top of a person’s wages. You would have to speak to the CSA directly for a more definitive answer.
tribrad 10/12/2015 at 12:06 pm
Hi.
I will be retiring in a couple of years and will receive a full Police pension. Will the pension be classed as an income by the CSA?
ChildSupportLaws Editor 04/12/2015 at 10:26 am
The latter. You cannot have a retrospective claim made against you, it has to be from when the resident-parent originally launched the claim.
LBS 03/12/2015 at 4:40 pm
Hello,
I have only started paying child maintenance through the CSA (CMS) but have been paying less for the last 4 years. The child is 8. Can the CSA (CMS) enforce retroactive payment for the whole life of the child, or only since the request from the mother to have an assesement?
Thanks and regards
ChildSupportLaws Editor 03/12/2015 at 10:15 am
As specified in the article, money that an individual receives that is not classed as ‘earnings’ include: statutory payments made by an employer for reasons of maternity, paternity or redundancy. I suggest in the first instance you contact the CMS directly, if you are still not satisfied, you can complain via whichThe office managing your case will contact the Complaints Resolution Team and they’ll try to sort out your complaint within 15 working days. I hope this help.
Paul3580 02/12/2015 at 2:19 pm
Hi,

I need some advise regarding the figure that the CMA have received from the HMRC, can the CMA take the figure they have received from them if it includes an statutory redundancy payment.

The figure they have is way above my normal gross salary amount and it will potentially put me into arrears with my joint mortgage and debt plan that I currently have with my ex.

I hope you can help.

Thanks
ChildSupportLaws Editor 01/12/2015 at 2:26 pm
I couldn't advise as it is dependent upon certain factors. You would have to appeal via the CSA if you think you have been treated unfairly, and that you shouldn't be paying
Plod999 30/11/2015 at 6:06 pm
I receive an ill health pension with an additional injury award following an injury at work. I also get Industrial Injuries Disablement Pension and DLA as a result of the injury which forced me to retire on ill health grounds ( I was a police officer). I was recently made redundant from another job and the pension and these benefits are currently my new family's sole income (which will not cover living costs once the redundancy payment is gone) but the CSA have applied a variation or I would otherwise pay a flat rate. Should my pension and benefits be exempt?
ChildSupportLaws Editor 30/11/2015 at 11:16 am
I suggest you give the CMS a call via whichI hope this helps.
boson 29/11/2015 at 12:00 pm
Im currently paying for two children and have been for the last five years, I have always been employed, I'm going to become self employed
How are my CSA payments calculated??
ChildSupportLaws Editor 18/11/2015 at 1:40 pm
Yes, the CSA/CMS will take child maintenance payments to other children. You can see how much you should be paying via the CMS Options calculator here.
Confused 17/11/2015 at 10:04 pm
Can the Csa take my wife's earnings into account when having to pay for a child from a previous relashinship
Miffed 06/11/2015 at 10:45 pm
Regarding Deduction from Earnings Orders (DEO). I have just had an appeal dismissed by magistrates court against a DEO placed against my NHS ill health retirement pension. In court the barrister for the CSA accepted that the CSA accept that my NHS Pension is in payment due to Disability and Legislation says that it should not be classed as earnings. The appeal was dismissed under case law from the early 1990's. What route to appeal this decision can I take?
Help needed 06/11/2015 at 8:17 am
I have just been offered voluntary redundancy and will receive 13k
This is classed as tax free except 2 months wages in lieu.
Will the CSA only take payments from my 2 months wages as set in my schedule or can they take from my tax free redundancy settlement?
Fearless 30/10/2015 at 9:09 pm
My husband has a child from a previous relationship. He is currently on zero contract employment and his wage varies weekly. CSA have made errors with calculations and now they are asking for my income. Last year my husband earned under £5k but my net wage was over £15k. I pay most household bills but can they take my income into account? Thanks.
Dhiva 29/10/2015 at 3:39 pm
Thank you for your response. My travel expenses are train fares to go to work so that I can afford to pay the maintenance.
wanderersfan 23/10/2015 at 2:35 pm
i had a clean break settlement with my ex who has custody of our 3 children. the judge awarded her 2/3rds of my pension which is the majority of it. i hadnt payed into my pension for 10 years at the time of the award and the bulk of the money came from a superannuation pension i had before i even met her. can i go back to court to appeal
ChildSupportLaws Editor 23/10/2015 at 10:01 am
With regards to your expenses, if you have to travel to see your children, you may be able to claim a 'special expenses variation' please see CAB whichThe CMS calculates its child support payments on gross pay, you can see how much you should be paying whichAlso please see Child Custody Rights link here which will give you more information.
Dhiva 21/10/2015 at 11:28 pm
I have recently moved out of matrimonial house after discovering that my wife has been sleeping around. I am paying her maintenance for 2 kids. My Maintenance is calculated based on my gross pay instead of net pay. I also pay £5k yearly train ticket. This doesn't seem fair as I can't afford to do anything now. Can someone advise if this calculation is correct or not- I would assume that they have to calculate after net pay or at least deduct my travel expenses.

She is also insisting on me ceding all rights to the property and walk away without any property share. I am planning on getting 50% custody of my kids to reduce maintenance payments- Is this possible.

Your help will be greatly appreciated. Thanks
ChildSupportLaws Editor 19/10/2015 at 1:50 pm
CSA calculates the amount based on your partner's earnings. The figure used to calculate the maintenance liability is the amount upon which the non-resident parent is charged to tax in respect of the total of his employed income, trading income (ie. self-employed), non-state pension income, and taxable welfare benefits. I hope this helps.
Unsure 19/10/2015 at 2:53 am
Could I ask whether the CSA take retired Armed Forces personnel's resettlement gratuity into account when calculating child maintenance? My partner leaves the Navy soon and will drop from a very good wage to just his pension so will be asking for a new calculation as we would not be able to afford to continue to pay the current amount. Will it just be based on his pension? Also our young daughter receives DLA at the highest rate of the care component. Do the CSA use this and any associated tax credits in their calculations? HMRC told me that it's only taxable income they use but CM Options were less clear so we are a bit confused!
confusedman 14/10/2015 at 7:18 am
I have been paying every month the amount I owe according to the online calculator since we split over 3 years ago.
I have recently moved in with my new partner and now rent out my own house. I do not make any profit on this as it just covers just the outgoings for that house.
Can this rent be counted as extra income for me and thus added to my salary to calculate maintenance?
ChildSupportLaws Editor 01/10/2015 at 2:07 pm
Unfortunately, many men get around avoiding or reducing child maintenance payments by becoming self-employed and diverting their earnings so it looks as though they are earning much less than they actually are. It means the CSA/CMS become powerless to collect this money because of their lack of earnings, on paper. If this happens, there is very little you can do. Hopefully, the company that is paying will pay him a specific account that will allow, if needed, the CMS to take the payments, and/or your family-based arrangement to continue.
Pleasehelpus 30/09/2015 at 6:10 pm
My ex has been threatening to lower my payments all year. We have an informal arrangement which we made based on the csa calculator results. He has now informed me that he has set up a company and has asked his employer to pay him his wages through the company. He says that now he will make a claim to pay through the same and I will get less - please can you help. Many thanks
ChildSupportLaws Editor 07/09/2015 at 12:23 pm
I'm afraid salary is not connected to whether or not you see your children. Regardless, you are seen as being financially responsible for the day-to-day welfare of your children. Whilst I can empathise with your frustration, there is nothing we can really advise given you are involved in international family law, which is never straightforward. Only a professional legal adviser can give you help because of the complexity of your case.
Cols 04/09/2015 at 3:45 pm
After separating from the Spanish Mother of my Children I returned to the UK due to the financial crises in Spain. After leaving the house, car and everything I had but my clothes I returned to the UK and once up and working I began to pay maintenance for my 2 children. The Mother then preventing me all contact with the children therefore I eventually stopped maintenance as a leverage. I went to court in Spain and an order was made that I pay €600 pm, plus any additional costs i.e. School Books, Uniforms, School Holidays.....I also fly to collect the Children at 6pm every second Friday, returning them to the door at 8pm on the Sunday. I would have the children 50% of School Breaks and all associated costs would be covered by me. Including phone calls, no use of Skype, or free money transfer such as Paypal.

I have tried to fight the Judgement but with no support from the UK I had to seek a Barrister, this resulted in all counter offers being rejected and I am now being threatened with being arrested for non fulfilment of a Court Order.

What must I do to pay a fair amount and have access to my children with an agreement that is practical, achievable and sustainable so I can enjoy my life with children??

My Salary is £39k per annum living near London so no millionaire!

Thank you.
ChildSupportLaws Editor 03/09/2015 at 2:46 pm
You can check whether and what you should be eligible to pay whichI hope this helps.
12345 02/09/2015 at 11:50 pm
I have a child from a previous I collect them during the week give dinner bath etc and return them home I then have them stay with me on a Friday evening then alternate sat and Sunday's

My child has started full time school which I have offered financial support towards there uniform and any future school trips or school costs

i have offered to have them stay over three nights a week where I will drop at school in the morning during the week have for dinner and return home the other two nights and have alternate sat and Sunday's as usual but she has refused demanding money

I return him home in his pjs and pull-ups and have a full wardrobe for him toys etc (he could literally turn up naked and everything is here for him)

Yet my ex partner seems to believe I owe her a form of child maintenance

What's everyone's views
ChildSupportLaws Editor 14/08/2015 at 12:48 pm
. I have included a link to the Child Maintenance Options Calculator here which should help you. I hope this helps.
Mop head 13/08/2015 at 3:32 pm
My husband has recently left us. He earns approx £38,000 per annum what child maintenance do you think he should pay for his 12 year old? Thankyou
PamZ Editor 10/08/2015 at 1:47 pm
If your circumstances have changed and your earnings have reduced, then the CSA should take this into account accordingly. If you receive this payment and it is your 'sole' income, your employer cannot use this payment to deduct child support from your earnings. ‘Statutory’ pay is a minimum amount of money to which you are entitled by law and you can't be expected to continue to pay at the same rate if you are earning less. I'd get back on to the CSA!
Confused 08/08/2015 at 7:17 am
I'm currently on maternity leave receiving smp and csa say I still have to pay ? Yet when I read your list tax credits and smp are not 'earnings therefore don't count' the lady called from csa saying as they are not aloud to take the payment from my wages by law I need to make card payments , I'm just confused if you can't take it legally by law from my account how is me making a payment by card any different my money is the same either way ? Surely I shouldn't be eligible for payment until I return to work in which case my payments return to what they was before I went on smp and not have any arrears ?
Penfold 04/08/2015 at 5:02 pm
Hi,

Just briefly, my ex has recently received a very large lump sum of money (hundreds of thousands of pounds). She is not working and has not worked for years. She refuses to pay any child support and the CMA have said she does not have to pay me anything - due to having "no income". Clearly, someone with a huge amount of money in the bank does not need to work and has no intention of it. There are arrears which are being pursued but I am told I have no options in terms of getting support for my children who I have full custody of. Does anyone have any ideas as to how I can pursue the money I need to support my children?

Thanks in advance.
mel656 03/08/2015 at 10:24 pm
My partner divorced 10 years ago & has 2 sons and pays CSA regularly. We have a child too. His divorce was "clean break" in that he gave his ex wife everything but kept his pension.
He retires in 5 years and is due a considerable lump sum. Will the CSA want a share of this to be given to his ex wife?
Mandy 03/08/2015 at 6:03 pm
My ex husband has informed me he will be being made redundant in October this year . Will my payments stop ? Is his lump sum of redundancy not taken into account for child maintenance ? What about his partner supporting ? Is there no engorcement for such scenarios ? Thank you
Confusedmum 03/08/2015 at 8:24 am
Can I contact my ex's employer for proof of earnings? Are they legally obliged to disclose?

My ex is a professional dancer and is the lead in a very high profile production for Matthew Bourne. He features on all the posters and is earning a significant salary but has claimed he is earning £16k a year and paying £25 a week.
ChildSupportLaws Editor 14/07/2015 at 2:40 pm
@Dozey - as suggested in the article, for the purposes of the CSA, 'earnings' are the funds that are taken into account after the deduction of income tax, national insurance contributions and pension contributions. Therefore savings are not considered to be part of your earnings.
Dozey 12/07/2015 at 8:51 am
Can any or my savings that I have be counted in for child support?
ChildSupportLaws Editor 14/07/2015 at 9:56 am
@Red66 - The CMS/CSA will calculate your payments based on his earnings, so if he is not earning over particular periods of the year, I'm afraid they will take this into account when assessing his child support.
Red66 11/07/2015 at 1:20 am
My husband works, I don't I had to give up work due to ill health and to care for my grown up daughter who has mental health problem, I get 73.10 a week so this mine and what my husband earns some months doesn't even cover the bill, can they do this to us even if it forces us to lose our home.
ChildSupportLaws Editor 15/06/2015 at 2:07 pm
@Dp - As specified in the article, money that an individual receives that are not classed as ‘earnings’ include: statutory payments made by an employer for reasons of maternity, paternity, redundancy or adoption pay; tax credits; social security pension, benefit or allowance, any payments made under a disability pension or benefit; or a guarantee payment under social security pensions legislation. However, you may have to let the CSA know about money that is due to your loss of earnings, especially if it affected CSA payments to your ex.
Dp 12/06/2015 at 6:45 pm
Im getting alarge some of money,of loss of earning from my previous job,can the csa touch it?
At the end of the day its a one of lump sum,which wont be taxed.
ChildSupportLaws Editor 15/05/2015 at 2:35 pm
@Foxy - With regards to CSA income is classed as; earnings from employment, taxable profits from self-employment, money from an occupational or personal pension and also in some instances, tax credits. I hope this helps.
Foxy 14/05/2015 at 9:07 am
Morning. I will be retiring at the age of 55 in 3 years time. I will have a pension of & £10,000 per year. Can the Csa take part of this pension to pay for my child's maintenance.

Many thanks
ChildSupportLaws Editor 08/05/2015 at 12:21 pm
@Query - It might be that your ex would have to agree to a family-based arrangement as it is more flexible and easier to change, especially if you suddenly find yourself out of work. See CMS whichShould you need any further advice, you should call the CMS directly as it can give you the official line. I hope this helps.
Query 07/05/2015 at 5:51 pm
Hi, could someone respond to my question of 17th April about temporary work please?
ChildSupportLaws Editor 06/05/2015 at 12:09 pm
@Atwitsend - I am very sorry to hear this and if you think you have been treated unfairly by the CSA, you should make a complaint via whichYou will need to see what the resolution is and if the resolution still says it is the responsibility of your employer, then it might have to be that you would have to take your employer to the small claims court. At least it would then be decided by the courts 'who' should have to repay you the overpayment, as it is no fault of your own. I hope they have managed to rectify the payments now, which will allow you to take better care of your child. I hope this helps.
Atwitsend 05/05/2015 at 9:09 pm
My employer has made a mistake when calculating the amount of my wages which should be sent through a DEO to the CSA. They have left me with less than 60% which they are required to do, this has left me with no money to feed my 13 year old son who lives with me. The CSA have told me it is up to my employer to refund the overpayment who can then claim it back from the CSA. My employer refuses to admit they have made a mistake, even though the CSA has informed them. I am stuck in the middle of all this with a child I can not afford to feed. I really am at my wits end, if the CSA were a debt collection agency there actions would be illegal.
ChildSupportLaws Editor 06/05/2015 at 2:15 pm
@pauly - you have come through on a site regarding child support laws, so we can't really answer this question. I can only suggest you contact the Pensions Advisory Service via whichI hope this helps.
pauly 05/05/2015 at 4:09 pm
I have taken an occupational pension at the age of 54 on the grounds of disability. Because of this my ESA and Housing benefit has been drastically reduced. Therefore I am no better off. Under the new Pension changes, if I completely take all of my pension pot as a lump sum, what effect will this have on my benefits ?
Query 17/04/2015 at 10:52 am
Could I ask what the situation is with temporary work and
child maintenance? I'm currently unemployed and so pay no CM. If I work for a couple of weeks how would the CMO asses CM? If they assessed it as a regular income then I would end up paying too much over time, possibly more than I earned. The calculation should be the amount of CM payable for those two weeks only, but I suspect they wouldn't do it that way. Could anyone please explain?
ChildSupportLaws Editor 07/04/2015 at 10:52 am
@tinsmith - You would need to seek advice on this by going direct to the CSA or CMS, if your child maintenance is taken via there, or perhaps the Citizens Advice Bureau or Pensions Advisory Service. However, in more general terms pension lump sums and pensions can affect means testeds benefits. Lump sums are normally classed as savings, and pension as income. I hope this helps.
tinsmith 03/04/2015 at 9:08 am
If I were to take s ok me money out if a pension pot, would this be classed as earnings that cm would be payable against? So confusing!
ChildSupportLaws Editor 16/03/2015 at 11:06 am
@Viking - so basically the CSA is saying is the fact you don't pay rent gives you more disposable income. I don't really have an answer to this I'm afraid as this is the CSA law and I certainly couldn't advise on finding loopholes in the system. However, if you are unhappy with the ruling you can complain via whichYou would have to really justify that you were earning less than someone on a low income that both has to pay rent and still has to pay child support.
Viking 12/03/2015 at 9:56 pm
I live in NZ and pay my child support to the NZ IRD who then transfer the sum to the CSA. I have just had a new assessment carried out by the CSA, I live rent free due to my low income, my parents own the property, their feelings are as I am paying child support this will help me survive in life. The recent assessment by the CSA are claiming the rent I am not paying is being classed as income, so this means an increase with my payments. I feel this is grossly unfair, as it appears to me they are simply creating income that does not exist. Please advise me in this matter, thank you.
Gary Editor 13/03/2015 at 2:29 pm
@maybe - I don't imagine they would as expenses are not income.
maybe 12/03/2015 at 2:04 pm
Hi, I am a temporary worker and I am wondering if the csa will make a deduction against my gross pay, this is reduced using my expenses, for example;

If I earn £400 gross and I have £100 expenses, the expenses are deducted before tax & NI, so I get taxed * NI on £300, please can you help
ChildSupportLaws Editor 05/03/2015 at 2:53 pm
@bobby - it may come under 'other financial commitments in child maintenance cases', I hope this helps.
bobby 04/03/2015 at 8:48 am
Do the csa take in to account that I'm paying the mortgage each month and its in my name but she's living there still with my son and her son from a previous. Itl work out Il be paying out over half my wages with csa and mortgage. Any advice
ChildSupportLaws Editor 03/03/2015 at 1:51 pm
@gills - you need to follow this up directly with the CSA if you think your ex's boss is in receipt of false payslips as this would be illegal. They may be able to check through his bank account what money is going in.
gills 28/02/2015 at 4:13 pm
my ex partner was refusing to give me child maintance, so i went through csa n he managed to give payslips for just under £200 that he says was just earning, he has worked there as a machanic since he was 17 n now 34. is this not against the law to under pay at min rate and especially when he has worked there for 17 year? there must be a law for people who tell lies n for there bosses to provide false payslips. its totally against the law and to cheat there payments to there children, how is this fare?????????????
gills 28/02/2015 at 3:48 pm
if my ex, the dad of my 2 kids decides to be fulltime parent at home and his wife works full time, is he still to provide child maintance with her income?
ChildSupportLaws Editor 12/02/2015 at 11:52 am
@sadphil01 - I have directed you to a Child Maintenance Options page on grand-parenting and child maintenance herethat I hope will help and which has contact details on, should you need to get in touch to speak with someone directly.
sadphil01 11/02/2015 at 3:19 pm
So I have both my grandsons living with us (my partner has MS & I am her carer) as their mother is an alcoholic. They have different fathers, one who has never paid maintenance, & one who paid £20 per week until his son reached 18. The oldest is now in full time education & we were wondering if we ask for maintenance, how it affects our claim for pension credit & our finances in general. He should have been paying far more as he was a sergeant in the police on around £40 a year, who retired on a pension of just a little bit less but now works at a hotel & his wife is also a police officer!
Jammer 05/02/2015 at 6:51 pm
Hi

please can someone clear up on the new CMS if the paying parent claims working tax credits and child tax credits for his 2 children he has with a new partner do these count as income and a % get given to his ex?
Thanks
Vexed 05/02/2015 at 4:07 pm
I spilt from my three children's father 12 years ago. He refused to pay maintenance, I therefore couldn't afford to continue working (the two youngest were at nursery) so went on income support. The csa contacted me and three years and a deduction of earnings order later I finally got some maintenance. It stayed the same for years. I asked the csa to look at his wages as I knew he was earning considerably more. They assessed that his earnings had indeed increased significantly over the years, of course I would only get paid from the day it was assessed, even though his lifestyle demonstrated he'd been earning more for years. Eight months later, I still wasn't getting the increase. They looked into it and some mistake had been made with the deduction of earnings order. I would of course have my money backdated. The increase was £60. A week. He was awarded compensation for their mistake and allowed to pay what he owed at £60 a month. He then offered them two very low wage slips and maintenance was reduced to lower than it had been in 2005. Given that his gets £1000 yearly raise this was questionable. They refused to reassess so I wrote to my MP. They reassessed and my maintenance went back up. He took a load of time off, reduced his maintenance again. I appealed, a judge looked at all his wage slips and P60 and decided maintenance should be worked out on the p60. The CSA obeyed this for a year. They then returned to the wage slips he had provided with lump sum pension payments just before the appeal. He then got married. His wife is living with him and brings a wage into the household. She rents out her property. Their household income has therefore increased. This has enabled him to vastly increase his pension payments, reducing my maintenance payments by £60. a week. Whilst I don't think it's fair that her wages be taken into consideration, surely Capitol from property should be. They are a couple, she will benefit from his pension as he benefits from the money gained from renting out her property. I can't afford to pay hardly anything into my pension. If I did my children would not be able to do anything, their dad certainly will not pay for anything. Amazing, when he had to pay maintenance arrears he could only afford £60 a month, yet he can afford to make pension payments of £800. a month! How is this fair? Why is it more important for him to have a pension than my children to have what they need. We have had one foreign holiday in 13 years. He has four a year. I look after them and do everything. Yes he us forced to pay maintenance but every penny goes to them, school bus fare, school trips, school holidays, outside school activities not to mention living expenses and clothes. It adds up to more than triple what he pays in maintenance, yet the government says it should be shared. It just goes to show the worth our government places on children and those who raise them
ChildSupportLaws Editor 30/01/2015 at 10:37 am
@stressedmom - as specified in the article employers can deduct money from the following types of earnings: private pensions, occupational pensions; wages; overtime pay; bonuses; commission; or any payments that are made on top of a person’s wages which can be subjected to deductions for child maintenance. Many resident parents have similar problems when their ex's are self-employed as earnings can be attributed to expenses or other variants. I'm afraid if the CMS have reviewed his salary, there is little you can do, apart from make it known to the CMS how this affects your children's living standards.
stressedmom 28/01/2015 at 9:13 pm
Hi, looking for some advice please. Just after CMS did annual review they worked out my exes salary to be £67,000 (it was £53,000 the previous year) They sent me new payment details of what I would be receiving for my twins. 2 weeks later I get a letter stating his salary has decreased and is now £42,000!!!! Found out it's due to him now suddenly paying into his works pension - he has worked at the same company for over 20 years, and the company contribute 12% themselves, regardless whether employee contributes or not. So basically he has reduced his salary by 37%. I do not believe this is fair. Yes, people need to put into their pensions, but he has 2 children to support TODAY. Are there any guidelines as to what pension percentage is acceptable?

Thanks in advance.
sue 25/01/2015 at 2:38 pm
I am considering marrying. My fiancée has a child from a previous relationship. He has shared care and pays maintenance, never having missed a payment. We are worried that if we get married the mother of his child will be able to claim on my business earnings and wages. She is extremely antagonistic and volatile. How likely is this and is it possible? We live in N.Ireland and have separate homes.
Dan Editor 09/01/2015 at 2:15 pm
@luna - I'm sorry to hear about your son. But, if you want to escape your ex can you not sell up the house and split the costs and be rid of him, which would work better if you want your own privacy? I'm not taking sides here, but he might be angry that you have refused to sell the house and is trying to get back at you in other ways, such as through your child. There are a lot of splits where the other partner is resentful because they can't get what is owed to them through property which is quite understandable when it's half theirs (although it doesn't warrant the backlash that seems to have taken place as a result). You might want to search online for the term parent alienation syndrome, it's now recognised through the courts. But trying to prove it is hard.
luna 08/01/2015 at 9:18 pm
Advise please,split with my ex after 14 years together. Not married, have 1 beautiful child together who is disabled/terminally ill. Have a mortgage together . when we split he moved out that was 2 years ago. He met someone else and getting married in october this year. He told me to sell up or sign the house over to him. I refused his girlfriend called social services making 20 different alligations..social services assessed me and are happy with things. I contacted csa to make sure he pays correct amount as he is earning at least 30,000 i wanted to settle in private but they are trying to bully me. They are brain washing my son telling him they are better parents etc. i am so upset. please advise if you can
many thanks
LouLou Editor 07/01/2015 at 12:55 pm
@confused His redundancy isn't considered income for assessing ongoing child support. However if the CSA/CMS are collecting maintenance payments then his redundancy can be counted as income when calculating payment of any arrears. I'd talk to the CMS Options and see what they say.
confused 31/12/2014 at 2:39 pm
I have been separated from my husband for 9 months. Since I moved out with my daughter 7 months ago my husband set up a standing order to pay me maintenance of 200 pounds a month for our daughter. She stays with him every other weekend only. He is taking voluntary redundancy and will get a large payout of about 30,000. He says he will not be able to pay the maintenance as he's not working and will only give me £50 a month. What are my rights?
MHunt 21/12/2014 at 3:40 am
If any receiving parent or paying parent is looking at this, phone up every other day to keep you on top of their list. They do have substantial workloads and unrealistic targets set so please be patient. If possible ask to be put through to a caseworker in Belfast, they are terrific. Trust me, they will get the job done.
Be angry at the system, not the caseworker - There is set procedures to follow, listen to what they say and act upon it - The more you contact them the better it is for you, believe me, it shows compliancy - Always hold payment to the side if they/you do not have the Receiving parents bank details, itll bit you in the arse if you dont and be fired onto your arrears - Always ask for regular updates on your payment schedule and ask to be sent one when you feel necessary - there is not a lot to it in order to send one.
Just please be patient and understanding and they will too. There is set laws, policies and procedures that have to be followed, it is not that caseworkers fault although you may think it. Majority of the time its the legislation that has screwed you over, or you screwed yourself over, if offered a negotiation on your arrears, do it. If offered to set up a direct debit, do it otherwise it will be coming out of your wage.
Hoopsur 19/10/2014 at 6:31 pm
I have it both ways no support from the Father of my first two children, although he is off to Florida to get married next week, taking my children with them (first time my 14 year old son has every stayed with him in 9 years) and my 19 year old Student Nurse daughter is paying her own way to go ?????? He owes 30,000 to the CSA but they will never get a penny because he will never pay due to his hatred of me, he made us all homeless got our home repossessed after going round the world and spending loads of money on credit cards in joint name. Then to top it all I re-married and as a couple we are paying £300 child maintenance a month for one child which seems steep to be honest. Sometimes you could just give up, we will never holiday, have no money for the child we have together my husband recently had a heart attack at 47 and I think its due to stress, government needs to look closely at how they manage things its out dated
gunner 24/09/2014 at 8:14 pm
I was in a relationship I am 53 my son is now 4 yrs, I have paid for his nursery since he was 8 months old, £ 550 per month I have paid his mother 400 pounds a month, I service her car and pay the AA. I have him 50% time .buy him clothes and shoes , and he is more happier with me, than her,
I no this because the school tell me he gets upset when he noes his mum is picking him up, she works and claims credits, she has loans that she took out to pay of her debts from buying clothes and shoes , she has demanded 1000 for rent or she said she will be out on the street, I just paid her it, .want to get joint custody of our son as it is mutual agreement , should I do this, and she also threatens me with the csa all the time, I am tired of her keep threating me
Some one give me some advice please
Ivan 06/08/2014 at 3:46 pm
I agreed to pay a fixed monthly sum as child ,maintenance when I divorced. I could just about do this when I was working. I have since been medically retired. My pension is not even enough to pay my rent, and I am having to pay my rent and my maintenance from my pension lump sum now. Unless I can find some suitable work I will not be able to continue this. Also as things continue my capital will fall below the level where I will be able to claim benefits again (I received contributions based ESA previously). Will DWP be prepared to take my maintenance payments into account? If not I am going to end up either homeless or refusing to honour my divorce settlement. I have a number of chronic illnesses and being homeless is impractical. However I find the other possibility highly distasteful.
little legs 06/08/2014 at 11:41 am
Im in a right pickle . My new partner has 3 children and is working but on and off so has said he will pay what he can when he has work , I work part time and support my own 2 children and dont get anything from my ex. My partners ex has now said if she dosent get what she wants off him she will go through csa and get it from my wages can she do this ? If so im panicking as I struggle as it is to pay everything for my own children. I agree that my partner should pay for his kids as all parents should but he carnt give her something if he hasnt got it please help
James 18/06/2014 at 4:30 pm
My girlfriend has essentially tricked me, claiming she couldn't get pregnant and raising all manner of hell if I try and use protection. Surprise surprise, she's now pregnant. I am in no way ready, financially or otherwise, for a child, and I've made that clear to her on many occasions. She's planning to go to med school next year and take the baby with her - given her past form, she's likely to cheat and the relationship isn't going to last.

If I keep my name off the birth certificate does that have any effect on my maintenance payments?
myxisarobbingbitch 21/05/2014 at 7:00 pm
im with you lee evans, my x found out i got a better paid job and she rang up the csa the very next day and my payments went up from 56 a week to 87 a week..amazingly she has a 3 bed house and a brand new car and holidays abroad every year...
i worked hard for 23 years to get to the position i have myself in now, and all the CSA want to do is screw me over.... im not saying all women are the same, but she made it awkward for me to see them and told me she was moving away and gave me an address to where they was moving, did they move, NO... a compulsive liar
TRAPPED 27/04/2014 at 8:01 pm
D disappeared with a rich woman, told me he was broke and going bankrupt, got me to leave the home in the property slump, thus came out with £0.
Found D though living the high life with rich woman, goes on multiple holidays each year, two or more so far this year, never sees his kids but wants to now just for weekends 2-3 times a year away from where he lives.

D gave up his well paid job, doing up a property that his new rich woman owes, thus he has no income, estimated costs of work with the planners £150,000 alone.

How much should he pay towards his two sons (15 & 11) that he wants to see at a moment's notice. CSA useless told me to report him for past tax fraud and they will be able to lock him up. Won't be of use to me would it?

Just want my boys to go to the pictures, have a couple of days on the beach each year, a little pocket money. I am trapped as if I go back to work, I'll have to pay my rent, I can't win. His rich family don't bother with the kids either.

Just want to disappear and lick my wounds, but know that wouldn't be fair on kids.
Berty 31/03/2014 at 8:55 am
Mine is a question.
I have my daughter 2 days per week.
I have now lost my job.
The daughters mother works full time as does her partner that liv with them.
Am I entitled to claim 2 days CSA from the mother now ?
PJ59 17/03/2014 at 8:18 pm
I'm struggling to earn a living a pay the rent for a flat which means I can have my daught stay with no security and 2 mths notice to quit if landlord decides.
Later this year I will turn 55 and it may be the case that my small pension fund (SIPP) could be worth enough to take a drawdown to buy a business and start earning money again.
My question is :-
Would the drawdown lump sum be liable for deductions by the CSA ie classed as income or would it be exempt? It may be that I would have enough to buy a house and gain security- same question?
headallovertheplace 23/09/2013 at 3:19 pm
My husband and I have been separated for a year, during this time he has been in another relationship and the female is now pregnant and due in the next few week. Him and I are looking at working out our relationship. I we do get together will my wages be taken into account for the maintenance for this child.
Angie77 22/09/2013 at 10:05 pm
I really need help my husband who I have been separated for 4 years, he was leaving in africa precisely cape verde, while he was there he hasn't helped at all towards the upbringing of the 5 children. After all that time, he came back to the uk ( last April) was only supposed to stay over for 6 weeks but instead hanged around until few weeks ago when he moved out and went to leave with his parents. During that period I provided him with clothes, shoes, food,and the necessary to survive but it didn't work out, over the last 5 months he registered with the job center and didn't get paid his until I believe few ago, he didn't at all with his money. 3 weeks ago he started worked and at the same time still signing on at the job center. Now he is financially stable he is earning £60.000 a year plus 5% of the turnover of the company's business he decided that he want a divorce and is only offering me £400 a months for all 5 children. Child maintenance got in contact with him but he got told that he only has to pay £250/ year because that calculation was based on him signing on. I feel like it is unfair after I have mentioned to child maintenance that he was working and has given them all the details of his job. He will be earning a lot more than £60000 a year it is more likely to be £125.000 or more. I have video recording of him mentioning all this. He is also moving back to cape verde to avoid paying child maintenance as him and his boss agreed to pay him without paying tax due to the fact that he will be living abroad. I really need help I was told if he moves to cape verde that he could refuse to pay maintenance but I was also told that there is a company called REMO that could get the kids maintenance but I am not sure how that works, so if there is any advice or help you could give me I will be grateful.
stepmammy-1 13/05/2013 at 12:30 pm
No they cannot take any of your income/benefit.
bones 03/05/2013 at 8:51 pm
if i earn 96.60 how much csa would i have to pay please?
tigerchick73 21/01/2013 at 7:24 pm
hi,please help me after 6 years of a private agreement my x claimed csa,dec 2012,even though i see my kids and pay for everything,stayed during holidays too,had to take par time work only,had to park up my car,cant afford it. Work have just paid me outstanding holidays,from last year,will csa take the money and do i tell them.
Mealticket? 07/01/2013 at 2:46 pm
Continued

try to get more or pay less than they should.
Mealticket? 07/01/2013 at 2:46 pm
Continued

The issue I have is, lets say the calculator gives a figure of £600 a month. Does my daughter actually cost that much to keep? If you take the generally held view that a child costs £90000 to bring up, from birth to 16/17. That's between £5000/£6000 per year. Why should I pay over £7000 per year in maintenance? For a start, my daughter is both of ours, we both have a responsibility so surely, if we can both afford it, we should both equally contribute? Let's say we both have a household income of £70000, we should both contribute to our childrens upbringing equally. If my ex was destitute then fine, I should help out more; I can afford it, she can't. But that isn't the case. My ex and her now husband have (I believe) a higher household income than my partner and I. If the new cars and multiple holidays per year are anything to go by I think they're doing pretty well. And I don't begrudge them that, even given shall we say, the circumstances of how they got together, etc. The reality is, if they hadn't have "met" shall we say, I would not now be with my wonderful partner and wouldn't have the family, "old" children and "new" that I now have.

So let's say I pay this £600 per month, how much of that do you think will actually be spent, directly or otherwise on my daughter and how much will go towards the next new car and holiday? That might sound resentful and I'll be honest, if the calculation is such that it generates a figure above what is 1. needed and 2. fair then I am resentful!

Anyway, I've tried to be fair; I'm happy to pay a half share of my daughters essentials, I'm happy to give her money directly (so I can be sure she at least seems something) I'm not happy that my ex seems to think she has no further responsibility to her son but there you go, I'll have to live with that I guess.

The reality is the rules need to change;

The FULL HOUSEHOLD incomes of ALL parties should be considered. Yes, I know many on here have decried that but it's the only fair way. It is simply unfair for an already wealthy parent to extract more from an ex-parter than is necessary or fair. If household incomes are equal, so should the contribution be. If one party is richer, they should bear the majority of the burden.

Scrap the CSA. It's had lots of time to work smarter and it doesn't. It is lazy in thinking it can apply a blanket calculation to all scenarios. As with anything "the one size fits all theory" never actually does. My (radical) suggestion is that both parties PAY for an independent party to conduct a thorough review of each parties finances and assist in mediating an agreement, where it cannot be agreed, a body be set up to make judgement based on the findings of the review. Where cases cannot be agreed, an adjudicating body be organised to decide, based on the facts presented in the independent review. If this approach achieves one thing it will be to weedle out both claimants and payers who frivolously
KA75 16/12/2012 at 7:05 pm
my ex have never seen his daughter as he never wanted to although i did gave him the option, he signed the birth cetificate but did ask me if i would ever go to him for money.
8 years have past and have struggled with no help from him.
I sent a letter to him about 2 mths ago as my daughter wanted to meet him but with no reply, due to my daughter growing up things are getting more expensive now i have decided to contact the CSA. They found him on the system and told me the process, i am a bit unsure if i have done the right thing going through the CSA, also do i need to keep chasing them?
mad women 05/12/2012 at 1:24 pm
I cannot understand why my ex has still not be found and csa still hasn't managed to sort some payments i have two daughters from him i have been trying to get this claim sorted for over a year , i ring up the csa every month , he is self employed i know he has money he puts things on twitter and face book and the latest he has brought a iPad when i can't even afford to buy a coat hat and gloves for my girls so my mums buying them for xmas.He has had 4 cars since we split i don't even have a car .I have sent details to csa about his business which he has 3 i have sent phone numbers pictures of him and address details and all they can tell me is its in the hands of the bailiffs and they haven't managed to track him down. Something wrong somewhere .
bilko 18/11/2012 at 9:49 am
Can anybody give me some advise......? I am going through a divorce from my 2nd marriage and living in a 1 bed rented house and luckily no Children are involved.I have been re-assessed by the CSA as I have 2 Children from my 1st marriage whom I have been paying maintenance to for the last 13 years and now I find I physically don't have enough money to pay this after basic living costs and travel to work costs of £350 per month. Can the CSA take into account any travel expenses as Iam going to have to stop paying my Solicitor For my current divorce and concede any rights from my house to my soon to be ex as I can't now afford him. Please help!
Andy 12/11/2012 at 4:27 pm
Why are Child Tax Credits counted as earings in the maintenance calculation, when the leaflet that the CSA sent out (CSL303) says that only Working Tax Credit is used?
csa beginner 27/10/2012 at 11:52 am
can anyone tell me if rent from a property is counted as income for csa claim against me
charlie 05/08/2012 at 9:22 am
Does anyone know if youve set up a private agreement and pay in into her bank account. if she contacts the csa will they do anything? and do they take into account loans thats were taken out whilst they were together?
Fedup123 20/07/2012 at 9:29 pm
Fault of CSA
I'm really worked up at the moment because of this set of incompetent idiots! My husband recieved a letter from the CSA today after a reassessment of his finances. He has paid £40 a month for the last 5 years for his 2 children, this was the amount the CSA told him to pay at the original assessment. My husband was never married to his partner and has fought her in court for the last 3-4 years to be able to see his daughters. We only met just over 2 years ago and got married last year, And I love his daughters to bits and they love me too . I am disabled but my benefits cannot be taken into account because Im on contribution based (I worked 32 years fulltime before I could no longer work). They put his payments up to £45 a week and was being backed dated to December last year, he rang them to find out why the arrears. My husband explained he would pay the new amount but as he only comes home with £800 a month it woud be impossible to find a £1000,00 plus. He was then imformed that even though he had paid what he was told he actually owed £7,500.00 in arrears!!! And they are going to take £267 a month now which there is no way on this earth we can afford and this is down to very bad work practices of the CSA and not my husbands fault, he would have paid the correct amount if he had been told it 5 years ago. Im just wondering if anyone could help please, surely they cant demand he pays for their incompetence????. They actually told him it was his employers fault, how the hell they worked that one out I dont know. I really dont know if we can afford to stay together anymore and its heartbreaking. His ex actually had me investigated by the police and social services 3 weeks after we got married because she and her mother forced my stepdaughters to say I had assaulted them with my walking stick!!!!!!!. Thankfully the police and social services realised it was a pack of lies as the girls stories kept changing. I have a fantastic relationship with them
Fedup123
Kirsty 20/07/2012 at 5:34 pm
AND JUST TO ADD TO CONFUSED--- WHY AN EARTH DO YOU THINK YOU CAN JUSTIFY TAKING ANOTHER WOMANS HARD EARNED MONEY??? JUST BECAUSE YOUR EX DOES NOT WORK- DOES NOT GIVE YOU THE RIGHT TO TAKE HIS PARTNER'S MONEY. SHE GOES OUT AND EARNS THAT FOR HER FAMILY AND HER FAMILY ONLY- NOT TO LINE YOUR POCKETS.

YOU PWC ARE JUST A LOAD OF GREEDY %t£&£("("
Kirsty 20/07/2012 at 5:32 pm
WELL SAID Rachel 22. So many GREEDY mothers out there. Who do they think they are trying to take their child's Father's new partner's earnings?? What a disgrace to even think about it!!!! I do believe this is the old rules and no longer happens anymore.
russ 16/07/2012 at 10:04 pm
my ex partner is moving away with my daughter by approx 100 miles, i have been seeing her whilst living here every other weekend. it will incur a lot of cost to see her every other weekend to drive to see her, can this be taken from the cost of the maintanance as it is not my fault she is moving away?
rockrepublic 15/07/2012 at 1:44 pm
I have ben fined £100.00 per week from 1994...1996 for not giving enough information to the csa it amounts to over £8,000 im on a low income and they take £82.00 per week leaving me with £143.00 now my only option is to quit the job and claim benifits...how can i pay bills on my own ..my child is now 20 years of age ffs ...if i committed a crime i would be able to offer the courts an amount that suits so why do they ruin lives ...iam currently still awaiting an outcome 10 weeks later plz help !!!!! when i call they pass me around then its set in stone tough attitude ..
Stillwannabeagooddad 16/06/2012 at 1:53 pm
Ok I have a complicated one. Me and my ex have a little girl. My ex is currently serving in Germany.

Everything was amicable until recently when I informed her my new partner was pregnant. Now all contact has been broken. This has all happened recently and I of course hope that things will calm down and I can have access to my little girl again.

I was previously travelling out once a month to spend a wkd there sleeping on her sofa but now that hospitality will no longer be available. The costs of paying 15% of my salary (which is an agreement between me and my ex) plus the travelling costs have been killing me. If I now have to pay to stay in a hotel as well I will not be able to afford to see my little girl at all or at least not as often. It is all ready hard for my little getting used to me each visit as she is only 18 month old as it is and without regular Skype access as well I fear that she may not even remember me.
I have no objections paying towards the up bringing of my daughter and would love to pay more but my finances simply won't allow it.

Has anyone any help or advice because i am worried sick?
lee evans 08/06/2012 at 6:52 pm
i think the whole system is a joke. the csa are all man haters. even a lady at the citizens advice bureau said so. i have recently had a promotion at work and now have to pay £100-140 per week. why should my ex benefit from me working hard and trying to get on the ladder. ive always paid for my children and always will. i just think its disgraceful that she works 2-3 days a week, claims benefits, and gets help with rent and council tax. and i have to give her nearly £600 a month on top of it all! wheres the justice in that! i think its so, so wrong that women use children as weapons, just to line their pockets and benefit themselves!
gunner 08/06/2012 at 9:22 am
Hi, why is it that the CSA do not take into consideration things that you have to pay by law i.e. Council Tax, TV licence?

I was asked about my partner earnings also, yet they do not ask or take into consideration my ex's income. Afetr I pay my rent and usal bills i am now left with less to live on a week than I pay in CSA. I might as well give up work sit on my backside and claim benifits like most of the mothers are all ready doing.
makingendsmeet 31/05/2012 at 11:30 am
Please can someone clarify if Tax Credits are classed as earnings?
My husband has 2 children from his first marriage and we have 2 together. We are seriously struggling to make ends meet. We both work and received working tax credits and child tax credits (which assit us with childcare as our children are under 5). If we were to loose 20% of his earnings and 20% of our tax credits we would soon end up missing mortgage payments, nursery bills etc etc. We would end up homeless and jobless and would need to turn to the social services for somewhere to live, unemployment benefit, council tax benefit and all other benefits that homeless, jobless people with children are entitled to. This would end up costing the governement and therefore the taxpayer a great deal more than the small amount we receive in tax credits.
The only solution I can see if the CSA does decide to take all of this money from myself, my children and my husband is for my husband to leave us. How can it be right for another set of children to grow up without a resident father? How can it be right for my children to go without for his ex wife (who was given the house, has tax credits and a job) to take from us?
need2know 28/05/2012 at 10:49 pm
does anyone know, if the none parent remarries, does the total household income get calculated ? thanks
tjm 28/05/2012 at 3:44 pm
My ex has an 11 yr old daughter and we share joint custody of her with his ex. He doesnt pay maintance as they had an agreement that they shared the upkeep of their daughter. His ex now thinks that when we get married next year she is entitled to take him to the CSA for my earnings. I treat his daughter like my own and take her on shopping sprees with me but his ex thinks that we dont do enough. We take her on holiday once a year, have her every other weekend and 2 nights in the week Am i being unreasonable not wanting to pay towards CSA when i pay enough as it is.
CarTaxTilly Editor 16/05/2012 at 9:17 am
@RMCD...they are changing the way they calculate from earnings later this year. The new system will use the 'gross income' of the non-resident parent to calculate how much child maintenance they should pay - based on the latest tax year information available for HMRC. I think that means that your company car (which is included in your gross salary as a car/or allowance) will be included.
RCMD 16/05/2012 at 7:47 am
How is company car allowance treated? Do the CSA Tax it - you need the full allowance t to. Do your job?
rob 11/05/2012 at 7:21 pm
ive been struggling paying the csa for the last 2 years, and there assessment of my earnings is based on the tax credits we recieive even though my partner is the main earner.in the advice on this page i read that tax credits are not classed as earnings the csa insist that they are earnings who is right?
S 10/05/2012 at 4:14 pm
Red- you hit the nail on the head- so many mothers out there thinking they are owed something. Only the dad should have to pay - not the new gf/wife. These single mothers are racking it in.. Free rent, CT, tax cred benefits AND as much CSA on top they can get without deductions from benefits!!! Country is a disgrace for lettin it happen. Only encourages woman to keep on having babies for the money that alot never spend on their kids anyway!!! Might think about being single myself and taking a chunk of my oh money and sitting on benefits for life!!
pol 03/05/2012 at 2:20 pm
Hi
If my ex is moving in with his new gf and they have no dependents living with them, do the CSA take into account his GF earnings
dannib-123 14/04/2012 at 3:39 pm
hi im just after a little advice really if anyone can help? i am 39 weeks pregnant and un-employed only recieveing maternity allowence. I live with my partner who has another child. When he changed jobs he informed the csa and we had to fill out new details the decision has come back and it would appear they have taken my benefits into consideration when calculating what my partner should pay! Can they do this? I was under the impression as the 18yr old CHILD was nothing to do with me and the fact i dont work im on maternity allowance would mean i dont contribute? Also will the payments change when i give birth to our baby in the next couple of weeks? Please give me advice.
Andysp 03/04/2012 at 12:09 am
I am going to college next year the course is approximately 9 months ,this will be self funded using savings and a career development loan,while I'm at college I won't be earning a penny will I still have to pay child maintenance,I have no problem with resuming payments once I'm working again.

Cheers
red 29/03/2012 at 9:12 pm
To all you mothers on here who think they can take money of your ex partners new wife/partners income should be disgusted in yourselves!! That new partner has nothing to do with YOUR children and should in no way pay for the upbringing of the children YOU created!! Some of you will stoop so low as to take from another womans children for your own, you should be ashamed of yourselves and are just money grabbing exs!!!!!!
AWOL 12/03/2012 at 9:12 pm
In this article tax credits are not classed as earnings . are you sure? my child tax credits and working tax credits are taken into account to work out my payment to my EX. CSA staff member told me even if a child in my current family was on disability benefits my ex can have 20% of that.
Maz 25/02/2012 at 3:16 am
Why is my daughter only getting 9% of her farthers wages?
KS70 26/01/2012 at 1:04 pm
My ex is on a nil assesment by the csa so has paid no support in 3 years since he left. He is self employed and his tax return says he has earned nothing. I however have copies of all his bank statements as part of our divorce proceedings which shows large amounts of money being paid into his account by his father. Thousands every month. I also have the judgement from our divorce in which the district judge is very vocal about my ex's lifestyle (evident from bank statements) without him paying any child support. Can his income be calculate based on what has been paid in to his bank accounts over a fixed period. He is clearly doing this to avoid paying for his children.
Woody 21/12/2011 at 1:06 pm
Can someone explain what should happen where one side is effectively given a free house (ie gets all of the equity in the mat home and buys something outright) and therefore has a massive benefit but the other side gets no capital out (will get some when children are grown) and has to pay rent or mortgage on a new house.

Children are in a shared care arrangement where they are (out of 100 nights) 42 with dad and 58 with mum.

It seems that the maintenance payments are calculated purely on income and so its a double whammy for the worse off party. One side gets full maintenance and a free house (and therefore a fantastic standard of living, better than during the marriage!) and the other has to fund housing and pay full maintenance.

Surely the free housing has to be taken into account when calculating the maintenance as the biggest cost of most households has been saved on one side and exacerbated on the other?!

In my case this has basically enabled my ex to take a career break whereas I am totally insolvent. Surely something is wrong here?!
Kaz18 24/11/2011 at 7:46 pm
Can you tell me how my ex husband who gets more money a month in benefitsthan i do from my full time wage doesn't have 2 pay a penny in child support.my sons 4 and he's never paid a penny I am left struggling 2 pay childcare fees each month and may have 2 give up my job.
Dougie 07/11/2011 at 10:12 pm
Can anyone confirm the regs regarding allowances. I am a soldier and receive LOA as a result of being sent to Germany. LOA is an allowance which is paid to offset the cost of living in a foreign country. I see my kids every fortnight and pay £390 (as per the CSA calculator). I am a little worried that my ex is now wants to take this into account and I will be liable to pay arrears which will affect me seeing the kids.
Brightonhgirl74 23/10/2011 at 3:25 pm
Hi, can any one tell me if I can get the Csa to take into account my ex partner earning on a property he rents out. He also works full time which the Csa are involved with. Also my ex and I had an agreement that he would pay half uniform costs and school trips, but he has now gone back on this so can anyone tell me what the Csa payments are for.
laa 28/09/2011 at 1:34 pm
Confused are you serious. First it is not his new partners child it is yours and his and has nothing to do with her. It is based on the fathers and only the fathers income. The CSA can not take into account her wage whether they are married or not. It has nothing to do with her or her wages this is his responsibility and his alone.
las 28/09/2011 at 1:18 pm
I have a private arrangement with an ex to pay her child support. I am do to be going to Afghanistan as a civilian to fix MOD's vehicles. I will be getting hazardous pay. If she decides to go to the CSA next year will the hazardous pay be taken in to account or will it be exempt.
Rachel22 26/09/2011 at 9:08 pm
Confused, you should NOT receive a penny from your ex's new partner's wage. She was not involved in the creation of your children so therefore owes you NOTHING. She has her own household to run and support and morally has no obligation to support you also. She will support your children when they are staying with your ex. My partner is a stay at home dad, and I earn all of the money for this household and this household only. I refuse to pay a single penny to his ex because morally I shouldn't have to. I know it sounds harsh to you, but it would be very unfair of you to try and pursue this woman for her earnings when she does not legally have any responsibilty for your children. Like I said to you before, she will support them when they stay with your ex, and not pay you a single penny. I don't know what makes you think you have the right.... What if they were to split up? You'd be stuck then wouldn't you?
Confused 22/09/2011 at 1:15 pm
My ex partner has decided to become a stay at home dad with his new partner and their baby, his partner will become the sole bread winner and support the family from her wage, however they are not married. Due to this he has stopped his child maintenence payments, for the 2 children we have together, on the grounds that he is no longer earning. This means a loss of income of £400 p/m to support our children. Will the CSA be able to take into account for maintenence, his partners wages, or do they need to be married before that can be included. If so how should I pursue this? Also he is receipt of a military pension each month, which I remember was guaranteed for life, should this be taken into account and classed as an income?
fluffybunnykins 04/09/2011 at 9:29 am
Edward- it matters not if you were married to the mother or not, if you know for certain you are the father then you have the shared responsibility to pay towards their upbringing. If you are in doubt then DNA testing to establish parentage is the answer to doubts.
Children are not, and shouldn't be treated, as pay per view by either parent.They have a right to be raised by both parents and maintained by both parents.
If you pay currently through the CSA and you are finding matters difficult then ask for a re-assessment or appeal the decision.
Phil 31/07/2011 at 2:02 pm
Help. The CSA are adament that the benefit in kind that is added to my payslip to account for personal tax and NI for a Company Car constitutes income.

They have added this monthly addition to my regular pay and say that I need to have this included as Net Pay stating that this is taxable income

The amount is over £5,000 per year so make a big diference to how much I am expected to pay

I have pointed out twice that i believe they are incorrect (as this sum is not cash merely a tax correcting adjusment) but they are just ignoring me and stating that this is within their legislation

Are they correct?
edward 30/06/2011 at 4:39 am
Am I obliged to pay eventhough we were not married, nor I dont see much of my children now? I am barely just able to get by every week as I have taken responsibility of the massive credit card bills that she had incurred during our time together. Please help me with these questions, Thanks
jen 31/05/2011 at 3:02 pm
Can someone let me know if my husband's ex wife received £30000 in divorce settlement does the csa account for this as extra earnings or is it not taken into account jen
commodor 14/05/2011 at 2:38 pm
Please can someone tell me on behalf of a relative of mine, if a child is not registered with the father's name on birth certificate the mother of this child refuses to have his name on it, is he still liable for that child? Even though he has paid voluntarily till now, the said child is now 8yrs he now as three other young children and is still with their mother as a family. Their youngest is only 3 and the eldest is 6 , the csa now want £400 a month from him. He works always and pays his bills on time just manages to get by and has never had holiday with them where his ex has been to o2 concerts, gigs, holidays away, has car, sky tv, personal luxuries. Is this fair thanks? He can't even claim tax credit as he is just over the weekly amount of wages by 49p.
JA 12/04/2011 at 1:58 pm
I receive disability and incapacity does my partner pay the flat rate to his ex wife, also child now 19 and they now want payslips from last year.
johnnie 27/03/2011 at 2:17 pm
Can somebody tell me if my ex gets married (we were never married) do I still have to pay her child support or will the amount that I have to pay go down?
EJB 25/03/2011 at 7:35 pm
The Child Support Agency confirmed to me that they are unable to deduct more than 40% of your earnings this is because the other 60% is what they and the law classes as protected earnings and should always be left for you to live off.
AC67 20/03/2011 at 8:01 pm
Could anyone please tell me if an amount greater than 40% can be taken as a DEO?

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