Is the kids mom entitled to know how much I earn, because CMS are telling her!?

[professionaldum9]

I wonder if this is even a thing - but worth a shot. I haven't posted on here in over a year, but still tend to come onto look, read, research a few times a week.

My little background. I pay the kids mom £450/month on CMS agreed payment for my 2 kids who live in the South West, with me living in Buckinghamshire. I recently got a new job and in turn my salary went up.

I remember when I got a letter through CMS when kids mom went down that route after amicable arrangement broke down due to her getting a new partner and subsequently getting pregnant shortly thereafter - CMS said the above amount is what I'm due to pay her.

My question is, do CMS take into account that I have my kids every other weekend now (it was every weekend, Friday to Monday) and yet with my salary going up, I'm the one who travels all the way to get them and drop them off, which sometimes is a 7-8 hour round trip, not taking into account the additional monies I'm spending on fuel, snacks, drinks for the boys both days.

I also remember as a side thought - I got a notification from kids mom when we were going through the process at the beginning, she sent me a screenshot and said "nice to know what you're finally earning" with a screenshot of how much I'm earning salarywise.

In summary;

1. Is the my kids mom entitled to know what I'm earning each year, as why should she be entitled to see what I earn, we agree an amount through CMS, why should she see my salary?
2. Do CMS ever take into the account, the additional monies the paying parent has to undertake to see their kids, and does that factor AT ALL into the calculations
   1. Like if the case worker saw, I'm spending an additional £300/month on fuel back and forth on top of all of my bills, outgoings, mortgage (which I'm fairly sure the kids mom thinks I have no bills to pay and I should just be paying her, and her only)

Happy to answer any questions if I've not made myself clear.

Professionaldum9

 

[capa]

In regards to Q2, this is from the gov uk site

If you're the paying parent, you can ask for the following types of expenses to be taken into account: costs of keeping in regular contact with a child you pay maintenance for (for example, fuel to travel between your home and the child's)

Apparantly, they calculate the number of miles travelled annually, then multiply this by the government set mileage allowance (say 15p per mile). Then this total is deducted from your gross income they use for the assessment. Example, it would be 320 miles x 24 trips pa x 0.15p per miles = £1150

 

[capa]

In relation to CMS payments, do ypu have a CAO in place and agreed?

Is that 450 based on what CMS have worked out? and does that Inc the overnights you had ? If so,have you informed then of the change, but I'm going out on a limb here and suspect there isn't a CAO, otherwise your ex shouldn't have changed the arrangements IF a CAO is in place.

 

[professionaldum9]

I didn't know that they could be asked to consider my commute back and forth and the overnights. I will make a request after doing some digging.

CMS asked me what I was earning per year, and how many nights based on the tier bracket (0-52 night, 53 - 102, 103 - 200 etc) - but I question would be, why on her letter advising the amount that I've been told to pay, did it declare my salary earning for the year?

I'd have thought regardless it have been private information for me only and not to be shared with her to leverage more money out of me

 

[capa]

Do you know where your ex got the evidence of your earnings? As the CMS work it out based on your earnings per week/month or P60

 

[professionaldum9]

Yes, she sent me a screenshot of her letter, with my salary and details on it - I thought she wasn't going to find out, but she did, and is asking me for more money under the sun.

 

[capa]

Ahhh, if ypur ex has an online CMS account it will show your income under the 6 steps it follows to work out what you pay

Best thing to do, use the CMS online calculator and see what that returns vs what your ex is claiming ypu should be paying.

work out you overnights and you should in theory have the same amount calculated to what you paying now

 

[MagicJ]

I may be missing a nuance as I am still early in my own process and yet to engage with CMS.

I am confused as to how your EX is placing you aunder any pressure.

As CAPA mentions, the calculations are set by CMS based on a percentage of gross pay, if CMS have confirmed your payment amount then there is nothing more to do.

Is it because you csre time with the children has been reduced? Or is it that she is going to ask CMS for a statutory reassessment?

Having said all of that, youve stated that she found out THROUGH a CMS letter, so it all seems moot to me.

Forgive me if I'm missing a nuance here!