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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1085
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have recently received a pay rise and want to clarify how

Resolved Question:

I have recently received a pay rise and want to clarify how this will affect my child maintenance payments. Basically, will my ex benefit from this as well?
I currently have a family based agreement with my ex wife for child maintenance payments. This was calculated formally by the CSA on my salary at the time (2011) & using the correct number of nights our children stay with me. This was then increased by reducing the number of nights to take into account mileage expenses i was receiving. I'm aware that this is not taxable income and shouldn't be included in the calculations but my ex would not sign any of the divorce paperwork unless i agreed. We do not have this recorded formally and i have honoured this agreement to date.
My question regards ***** ***** in circumstances ruling stating that only salary increases in excess of 25% will lead to a recalculation of maintenance payments. I'm assuming that had we have used the CSA to monitor & collect the payments then they would not take into account any pay increases i received that were less than 25% of my salary at the time of initial calculation. Would this still be the case considering that we have a family agreement &/or would they recalculate on my new salary as we do not have a formal agreement through the CSA?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. If there is no formal court order in respect of child maintenance, and if the CMS were not officially instructed but your Private Family Based Agreement based on their calculation at the time - then your family based arrangement can continue at its current rate. The mother could officially refer to the CMS at any time. If she did the calculation would be the one that they would complete on the case being submitted to them - not before. They would also not pursue any 'backpayments' before the case was submitted to them. The 25% rule doesnt apply if your case is not formally with them. Kind Regards Caroline Please kindly remember to star rate our service so that we receiv credit for helping you today
Customer: replied 1 year ago.
Thanks Caroline. Just to clarify, my ex could at this point forward submit a new claim to the CMS and i would be required to use my new salary as the basis of any calculations?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Yes that is correct :-) Kind Regards Caroline
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Customer: replied 1 year ago.
Thanks for the prompt responses.