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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My ex husband is trying to claim that his car allowance is

Resolved Question:

my ex husband is trying to claim that his car allowance is not included in his earnings when calculating maintenance payments for our two children. Is this right? We sought advice when divorcing and were told that only pension contributions were to be ignored. He was fine with this for a year but as he has just taken on a huge mortgage for him and his new girlfriend he is refusing to pay many of the things that were agreed in our divorce. Can you also confirm if it is the gross or net earnings that are used, as I have been reading contradicting statements
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is the Child Maintenance actually set out in a Court Order - if so when was it made?
Clare
Customer: replied 2 years ago.

No we do not have a court order. We agreed the terms of the divorce ourselves after consulting a solicitor for advice. He is trying to find a way to decrease the maintenence although he is not disputing the agreed % that he has to pay. So i just need clarification regards ***** ***** is it included in terms of income and maintenence. We were told that the only thing that isn't included is pension and he has been fine about this for the last year but now wants his car allowance to be ignored too. Is this fair?

Expert:  Clare replied 2 years ago.
Hi
Since there is no court order in the event that you cannot agree and have to involve the CMS (new CSA) then the new rues will apply.
This uses Gross income for the assessment - and for 2 children the amount will be 16% of his gross income (including the car allowance) with a deduction if the children spend more than 52 nights a year with him
You can read more here
http://www.nacsa.co.uk/index.php/cs3-calculations
I hope that this is of assistance - please ask if you need further details
Clare
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