CMS Dilemma

[Siesta72]

Hi, just looking for some advice guys please if possible.

So basically, havent seen my son for 7 months now, taking things through court.

Ex has filed to cms to be malicious and cripple me financially for court

CMS first initially assessed my income to pay 7£ a week based on a previous tax return.

I tried to do the right thing and told them the actual figure.

The figure i told them based on a p60 has been somehow inflated by them to the tune of £15k and a calculation of 150 gbp per week based on that.

I physically cannot afford this.

I have tried to arrange something privately to be ignored, i expect to use as ammunition in the court case.

I can afford £100 per week

am i best off just paying that for now until the appeal for my income has come down? or should i stop paying all together until a decision is made?

Thanks

 

[bakedapple]

I wouldn't stop paying what the CMS has determined if you are also going through court - you only increase arrears, appear manipulative and come across as not child focused. I'm assuming that, by having a P60, you are employed, rather than self-employed - you don't want to move into a world where there is directpay on you, as that only creates more cost for you.

I'm assuming you have asked for a "mandatory reconsideration"; you need to chase regularly, as they are badly understaffed. If successful, the overpayments would then be offset against your future payments.

If the reconsideration fails, you could then try to drop your taxable income by 25% and apply for a variation. For example, assuming you are paying 10% into your pension at the moment, you could put a bit more into your pension for a few months to cause a 25% variation from their view of your salary, then revert back to the 10% once the variation has gone through. If you are paid overtime, work with your employer to not submit your timesheets for a few months to also cause the variation. Just make sure you don't go back up over a 25% change though when you return to normal!