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Hazzzzz

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I pay child maintainance every month but I’m thinking of selling a second property I have , will cms take the amount I sell it for in to account when they re calculate payments .
 
Hi mate.

I don't believe so but not 100%. Its all based on taxable income and that would be a capital gain.

Will you make much of a gain on the property from a tax perspective
 
Will be quite a bit and will have some tax to pay on it , they seem to try get brass of you anyway they can , I want to look in to this properly before selling .
 
Phone CMS and ask them. I’m not sure of current rules but under CSA they did count capital over £60,000. In fact they were quite helpful and told me if I had any savings over 60k (which I didn’t!) to invest it in property as they don’t count capital invested in property.

I would just call them and say you’re thinking of selling a property and if you did, would the capital from the sale be assessed or not. If you find out current rules on that, let us know!
 
I can't seem to paste but there's an article by Osborne law regarding when capital can be considered income for child maintenance.Just Google it.

Agree with Ash best to call the cms. Looking at that article it appears the threshold may have lowered.
 

Other financial commitments in child maintenance cases

You can ask the Child Maintenance Service to look at its maintenance decision again if a parent has new expenses or extra income that wasn’t considered first time around. This is called ‘applying for a variation.’
www.nidirect.gov.uk www.nidirect.gov.uk

I think this information is most likely the definitive position. Property is specifically mentioned, either owned (asset) or sold (savings). Anything north of 31k is considered as additional to basic CMS payment.

SS.
 
I should add that I wasn't aware of this aspect of CMS but have sought legal advice on whether I can apply for variation from the paying ex.

And in that sense, if your ex @Hazzzzz doesn't know she can't apply, can she!

SS.
 
Ash said:
Phone CMS and ask them. I’m not sure of current rules but under CSA they did count capital over £60,000. In fact they were quite helpful and told me if I had any savings over 60k (which I didn’t!) to invest it in property as they don’t count capital invested in property.

I would just call them and say you’re thinking of selling a property and if you did, would the capital from the sale be assessed or not. If you find out current rules on that, let us know!
Click to expand...
Ash said:
Phone CMS and ask them. I’m not sure of current rules but under CSA they did count capital over £60,000. In fact they were quite helpful and told me if I had any savings over 60k (which I didn’t!) to invest it in property as they don’t count capital invested in property.

I would just call them and say you’re thinking of selling a property and if you did, would the capital from the sale be assessed or not. If you find out current rules on that, let us know!
Click to expand...
Th@nk
 
Will be middle next year before I sell , if they do what a rip off , paying over 400 a month for 1 child she won’t let me see . Then you get cms wanting to take what they can get .
I will ring them anonomousley because I know what there like ,I will let everyone know what they say .

thanks for all your replies
 
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Ugh - makes you sick just reading that - using terms like NRP! Non resident parent. And PWC - parent with care. No hint of equality there whatsoever is there? That system is geared to seeing Fathers as "non resident parents". A term that is basically defunct! There is no "residency" any more so how can there be a "non resident" parent?!

It's discriminatory and disrespectful to Fathers. CMS is definitely due for an overhaul - and they need lessons in terminology.

And if a Father was PWC and the Mother NRP - would they do the same thing? No. They are just geared to not thinking of Fathers as having "residency" or equal lives with status. No wonder so many people with 50/50 orders have problems with CMS.

Good resource Stay Strong - as it's all in there.
 
Ash said:
Ugh - makes you sick just reading that - using terms like NRP! Non resident parent. And PWC - parent with care. No hint of equality there whatsoever is there? That system is geared to seeing Fathers as "non resident parents". A term that is basically defunct! There is no "residency" any more so how can there be a "non resident" parent?!

It's discriminatory and disrespectful to Fathers. CMS is definitely due for an overhaul - and they need lessons in terminology.

And if a Father was PWC and the Mother NRP - would they do the same thing? No. They are just geared to not thinking of Fathers as having "residency" or equal lives with status. No wonder so many people with 50/50 orders have problems with CMS.

Good resource Stay Strong - as it's all in there.
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Ash....the entire Manual attached into Resources section? Just a thought since apart from the above excerpt concerning Variations the Manual includes how complaints are to be dealt with.

I accept your comments re "NRP" etc, on face value they appear very telling of the pervasive gender bias I often raise in all matters involving institutions and our dealings with them as caring Dads. But, the origins of this Manual date from 2012, prior to the judicial changes of 2014: and the Manual has been amended where case law has required it to, such as in the Variations section.

Equally, the working examples do, on occasion, feature a fictitious female as the 'NRP'.

It is however definately not neutral in examples and sadly relies on horrible terminology which has now been replaced.

Cheers, SS.
 
Yes I'll put it in resources. Good idea. That was just a personal rant there :) But they should update it - and the terminology!
 
StayStrong said:

This is the CMS manual that governs its operations and this linked section is specific to Variation applications....what is and is not allowable. It's a straight forward reading including working examples.

HTH, SS.
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Do you have the link to the whole handbook that is part of?
 
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