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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33324
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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I have been put into a consultation process at work and

Customer Question

I have been put into a consultation process at work and believe I may lose my job. I would like some advice on how the CMS will deal with my case should I be unemployed. It is likely that I will get a 6 month payment in lieu of notice plus I do have substantial savings resulting from the the former matrimonial home. I have phoned the CMS to let them know the situation and the agent advised that if I do lose my job to call back. He said there would then be a series of questions raised and that depending on the outcome this would set future payments. Can you advise what questions they might ask so I can prepare and clearly to aim to minimise my payments in the future. Regards, Ashley
Submitted: 1 month ago.
Category: Family Law
Expert:  Clare replied 1 month ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

When was an assessment first made by the CMS (which year)

Customer: replied 1 month ago.
The first assessment was made in Oct 2014 and they have recently completed the assessment for the next 12 months based on my 15/16 tax return.
Expert:  Clare replied 1 month ago.

In that case the way forward will be that once you are unemployed the assessment will drop to reflect your actual earnings - including from your investments.

The only monies at risk will be the six months pay in lieu of notice.

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 month ago.
How will the CMS make an assessment of earnings from my investments? I have a fully offset mortgage with money in a savings account equivalent to the mortgage, which means I don't pay and interest and neither does the account pay me any interest. My other investment is in a supercar, a McLaren, plus an offshore bond investment with Prudential that I have penalties to access.Also what do you meant that me pay in lieu of notice is at risk? Surely as this is not counted as salary as it is all I will have to live on if I don't get a new job? If that is the case how should I ask my business to structure the pay off to avoid this?
Expert:  Clare replied 1 month ago.

PILON is exactly what is says - the equivalent of what you would have been paid for six months - and of course if you had been paid in the usual way then you would have paid your maintenance from it - which is why it would be at risk.

There is no way around this and you may remain liable for the normal assessment for the first six months

With regard to the investments the CMS will look at the actual income you get from the investments, if any

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