Quick note of my journey and any advice welcome!
I have been divorced for nearly 8 years and in which time I have always paid child maintenance and always provided for my two boys financially whilst having them 42% of the year. We had an agreement in place between us and payments calculated via the CMS calculator on a yearly basis. Last year I was made redundent and decided to persue my career with my own Ltd company. At this point I told my ex that I couldnt commit to what I was paying her previously as I was starting out on my own and I would be paying myself a salary - which could be reviewed after 6 months. My ex then went into a rant saying she cant believe Im not going to pay her what I was paying her before (even though I had lost my job) so she contacted teh CMS to deal with it. I had letter after letter demanding I pay various amounts based on my previous years P60. At this point I had to point out I was no longer in that employment, and that I am running my own business and paying myself the said monthly wage. In the mean time I kept paying the ex - what I had worked out on the calculator based on my new lesser salary.
Hope your all with me so far. After a month or two I managed to get some employment on a business to business, zero hour contract basis with an agency who would pay my company Via IR35. As this payment which is paid into my buisness account goes through HMRC, the CMS could see what was going through and sent me letter after letter saying I should be paying about triple of what I was paying. I argued this fact with them for months, I had threats of legal action, rude and patronising phone calls making me out to be a bad person etc. All tis going on and I still have my boys on average 3 times a week. My point is they are taking what my business income is rather than what my actual income is based on the PAYE pay slips i recieve from my company. The fact they are looking at what my business is earning it doesnt take into account, of the business running costs, time off, holidays and bank holidays, suppliers costs, days not worked for the agency and so on. So how they can pick that figure and use it for the whole years calculations doesnt make sense to me.
After alot of back and forth and in one week receiving 13 letters - all stating different amounts, I had had enough. When I spoke to them for the 100th time and trying to explain, they said they cant help me any further and that I would need to go to Tribunal. Ive continued to pay what I belive is correct but they are saying I am £7500 in arrears and I am waiting to hear when my tribuanl will be.
Im wondering if any of you guys have had any similar experience or if anyone has any advice for going to Tribunal in a similar situation?
Sorry for the long-arse message but Im hoping it makes sense and reaching for some help - as the CMS wont offer me any!
Cheers
Andy
I have been divorced for nearly 8 years and in which time I have always paid child maintenance and always provided for my two boys financially whilst having them 42% of the year. We had an agreement in place between us and payments calculated via the CMS calculator on a yearly basis. Last year I was made redundent and decided to persue my career with my own Ltd company. At this point I told my ex that I couldnt commit to what I was paying her previously as I was starting out on my own and I would be paying myself a salary - which could be reviewed after 6 months. My ex then went into a rant saying she cant believe Im not going to pay her what I was paying her before (even though I had lost my job) so she contacted teh CMS to deal with it. I had letter after letter demanding I pay various amounts based on my previous years P60. At this point I had to point out I was no longer in that employment, and that I am running my own business and paying myself the said monthly wage. In the mean time I kept paying the ex - what I had worked out on the calculator based on my new lesser salary.
Hope your all with me so far. After a month or two I managed to get some employment on a business to business, zero hour contract basis with an agency who would pay my company Via IR35. As this payment which is paid into my buisness account goes through HMRC, the CMS could see what was going through and sent me letter after letter saying I should be paying about triple of what I was paying. I argued this fact with them for months, I had threats of legal action, rude and patronising phone calls making me out to be a bad person etc. All tis going on and I still have my boys on average 3 times a week. My point is they are taking what my business income is rather than what my actual income is based on the PAYE pay slips i recieve from my company. The fact they are looking at what my business is earning it doesnt take into account, of the business running costs, time off, holidays and bank holidays, suppliers costs, days not worked for the agency and so on. So how they can pick that figure and use it for the whole years calculations doesnt make sense to me.
After alot of back and forth and in one week receiving 13 letters - all stating different amounts, I had had enough. When I spoke to them for the 100th time and trying to explain, they said they cant help me any further and that I would need to go to Tribunal. Ive continued to pay what I belive is correct but they are saying I am £7500 in arrears and I am waiting to hear when my tribuanl will be.
Im wondering if any of you guys have had any similar experience or if anyone has any advice for going to Tribunal in a similar situation?
Sorry for the long-arse message but Im hoping it makes sense and reaching for some help - as the CMS wont offer me any!
Cheers
Andy