Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Difficulty getting bank details from ex.wife
#1
My son's case closed at the end of October and he has opted to pay directly by standing order. as his ex. has opened a cms case.  This apparently has been agreed by his ex.  No bank details were forthcoming for the first three weeks, and then they were supplied.  My son went into his bank to set up a standing order only to be told no such bank account existed.  He has contacted cms to let them know.  They said they would telephone his ex. and get back to him.  My son has phoned them several times but up--to-date they claim his ex. has not been contactable.  Have any other dads found themselves in this situation.  I am beginning to wonder if she is trying to force him into a cms collection arrangement.  I did read something about if the receiving parent does not provide bank details for over six months, they lose the child maintenance.  Does anyone know what happens when an ex. is non-compliant by not supplying bank details and what options the paying parent has, if any.
#2
(11-23-2016, 06:35 PM)veejay Wrote: My son's case closed at the end of October and he has opted to pay directly by standing order. as his ex. has opened a cms case.  This apparently has been agreed by his ex.  No bank details were forthcoming for the first three weeks, and then they were supplied.  My son went into his bank to set up a standing order only to be told no such bank account existed.  He has contacted cms to let them know.  They said they would telephone his ex. and get back to him.  My son has phoned them several times but up--to-date they claim his ex. has not been contactable.  Have any other dads found themselves in this situation.  I am beginning to wonder if she is trying to force him into a cms collection arrangement.  I did read something about if the receiving parent does not provide bank details for over six months, they lose the child maintenance.  Does anyone know what happens when an ex. is non-compliant by not supplying bank details and what options the paying parent has, if any.

He needs to retain the funds for up to 30 days (and he will need to show the money was avaliable all the time in his bank), and inform CMS. I would do this in writing, and send it via Recorded Delivery.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
#3
This has actually happened to me.
The details came through this morning from the CMS and I paid it today and set up an SO.

I called CMS to tell them I'd paid too.
She told me again, its a 6 month rolling scheme. and that if 7 months went by, she would still only get 6 months. so he needs to put it in savings and not touch it.

She also told me that the wife cannot force this into attachment or forced payment due to this, and that was CMS policy and law. If you were the willing party, had the money ready, but she didnt give you details then you are not at fault and she wouldn't get any arrears as such.

The ex was about two weeks late sending in details and I was supposed to pay on the 20th. She didnt supply details until the 18th.
#4
Thankfully the correct bank details have arrived, the last digit of the sort code had been wrong. The whole system of CSA is unfair. If Government feels it has the right to determine how much one parent pays the other parent, it should be set at a basic amount i.e. similar to child benefit, leaving the paying parent the choice of topping up or buying things directly if that can be afforded. What annoys me most about CSA, is paying parents on modest incomes who work a bit of overtime to ease finances, then find themselves facing high CSA payments. There is something morally unjust about this.
#5
(11-25-2016, 07:14 AM)veejay Wrote: Thankfully the correct bank details have arrived, the last digit of the sort code had been wrong.  The whole system of CSA is unfair.  If Government feels it has the right to determine how much one parent pays the other parent, it should be set at a basic amount i.e. similar to child benefit, leaving the paying parent the choice of topping up or buying things directly if that can be afforded.  What annoys me most about CSA, is paying parents on modest incomes who work a bit of overtime to ease finances, then find themselves facing high CSA payments.  There is something morally unjust about this.

Bingo my friend.

I have been ranting about this to the CMS and its deaf ears!

One of my lads in my team, earned a whack on over time last year and is getting hit for that, 
The trouble is, because the overtime has dropped off somewhat, he is paying this year (on less money) for last years Gross taxable income. The answer from the CMS?
Well it will work out better the year after because you will pay less the next year you see.

Yeah, makes him feel real great because he cant even afford christmas presents this year!
#6
Something else to be aware of. Cms informed me today that when calculating child maintenance payments they can use any salary from the past 6 years as that is their agreement with hmrc! When challenged that surely this can't be right then I was told that was the law, hence in my case they have calculated payments based on a completely incorrect tax year so my payments don't match their website. And so the battle goes on.......
#7
Hmmm
I would think they mean, if they cant get your last years gross taxable income (that includes Benefits in kind and overtime by the way) then they can go back further to get an approximation. This is relevant under their regulations should you be a dad who hasnt paid tax, or are self employed etc, then simply check records back that far. Failing that they are allowed to make an estimated value and charge you on that too.

If I really could, I would estimate they should all BU**ER off! but they wouldn't.
The new system is pretty unjust and disproportionate!
#8
(11-26-2016, 05:45 PM)Drew65 Wrote: Hmmm
I would think they mean, if they cant get your last years gross taxable income (that includes Benefits in kind and overtime by the way)  then they can go back further to get an approximation. This is relevant under their regulations should you be a dad who hasnt paid tax, or are self employed etc, then simply check records back that far. Failing that they are allowed to make an estimated value and charge you on that too.

If I really could, I would estimate they should all BU**ER off! but they wouldn't.
The new system is pretty unjust and disproportionate!

I am not going to carry on going over old ground.  Benefits in Kind was not asked about in this thread, so there was no reason to reintroduce this issue.

While you might have to pay income tax either via Paye or Self Assessment on Benefits in kind, for a Child Support calculation, it is the income amount Before Tax on a P60, and in the case of Self Assessment its Gross Profit you achieved. Accounts packages (Quick Books, Free Agent Etc) when you report your having a "Benefit in Kind" will update the amounts on your Self Assessment page, to cover this issue. Its the income amount you pay tax on what CMS work off.

it is only in a situation where the parent getting paid the child support thinks that the ex person paying is hiding income, or any other abuse of the systems, that under an application to vary the income used, its looked at in more detail.

This is done on a case by case basis, as there is a set amount of cash someone needs to pay for their normal living things, as well as if there is  dependent child living with the paying party.

I do not have the disregard amounts to hand, but if we estimate this at £100 per week you need to live off (what someone on the sick gets), if only £6000 exists the form of cash, then even on a variation of income, it could not result in an amount over 800 per year being awarded.

Due to the number of aspects of law in situations like that, its always best to get legal advise, and there is a lot of Solicitors who specialise in CMS cases.

Getting back to the last post, while they work off the last tax year, if they do not have the detail, they can either estimate it, if they have it for up to the last 6 years, and if no detail exists, they base an award on an income of £40,000 until you can evidence otherwise.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
#9
(11-26-2016, 08:43 PM)MarkR Wrote:
(11-26-2016, 05:45 PM)Drew65 Wrote: Hmmm
I would think they mean, if they cant get your last years gross taxable income (that includes Benefits in kind and overtime by the way)  then they can go back further to get an approximation. This is relevant under their regulations should you be a dad who hasnt paid tax, or are self employed etc, then simply check records back that far. Failing that they are allowed to make an estimated value and charge you on that too.

If I really could, I would estimate they should all BU**ER off! but they wouldn't.
The new system is pretty unjust and disproportionate!

I am not going to carry on going over old ground.  Benefits in Kind was not asked about in this thread, so there was no reason to reintroduce this issue.

While you might have to pay income tax either via Paye or Self Assessment on Benefits in kind, for a Child Support calculation, it is the income amount Before Tax on a P60, and in the case of Self Assessment its Gross Profit you achieved. Accounts packages (Quick Books, Free Agent Etc) when you report your having a "Benefit in Kind" will update the amounts on your Self Assessment page, to cover this issue. Its the income amount you pay tax on what CMS work off.

it is only in a situation where the parent getting paid the child support thinks that the ex person paying is hiding income, or any other abuse of the systems, that under an application to vary the income used, its looked at in more detail.

This is done on a case by case basis, as there is a set amount of cash someone needs to pay for their normal living things, as well as if there is  dependent child living with the paying party.

I do not have the disregard amounts to hand, but if we estimate this at £100 per week you need to live off (what someone on the sick gets), if only £6000 exists the form of cash, then even on a variation of income, it could not result in an amount over 800 per year being awarded.

Due to the number of aspects of law in situations like that, its always best to get legal advise, and there is a lot of Solicitors who specialise in CMS cases.

Getting back to the last post, while they work off the last tax year, if they do not have the detail, they can either estimate it, if they have it for up to the last 6 years, and if no detail exists, they base an award on an income of £40,000 until you can evidence otherwise.

Jesus...take this offline if you want.....what do you want...for me to QUOTE the damn regulations to you again so you aptly ignore them to further your own cause or something.....you are advising people completely wrong
There is EVERY reason to make this known because it is EXACTLY how they calculate your charge. Previous years gross taxable income...and BiK are classed as INCOME and included in your Figure received by the CMS from HMRC...What don't you understand from that?

I have told you before, your P60 doesn't show BiK, so that poor bugger will go away looking at one figure and possibly get a charge based on something else IF he gets BiK....get your facts straight please.


Do you actually have a case with CMS ??

Here ya go I ll even make it easier for you to understand...

Top portion is from my CMS papers and the figure they work my charge on.

Bottom portion is from my PAYE tax coding notice P800. 
You can see it states my annual salary as £40366.70
You can see it states my BiK's ( car and Medical)
and the bottom, figure TOTAL GROSS TAXABLE INCOME OF...well looky there they are both the same!!!

Because they include your damn BiK like I have said all along..

Call this my swan song but people need to know this. After this I doubt I will come back on here as the advice you give is not entirely correct in some cases and on this, you will P**s someone off mate!!
An apology would be nice but I will take a guess that you are too stubborn to admit you are wrong!

Bye now

[Image: eVYBuen.png]
#10
(11-26-2016, 11:40 PM)Drew65 Wrote:
(11-26-2016, 08:43 PM)MarkR Wrote:
(11-26-2016, 05:45 PM)Drew65 Wrote: Hmmm
I would think they mean, if they cant get your last years gross taxable income (that includes Benefits in kind and overtime by the way)  then they can go back further to get an approximation. This is relevant under their regulations should you be a dad who hasnt paid tax, or are self employed etc, then simply check records back that far. Failing that they are allowed to make an estimated value and charge you on that too.

If I really could, I would estimate they should all BU**ER off! but they wouldn't.
The new system is pretty unjust and disproportionate!

I am not going to carry on going over old ground.  Benefits in Kind was not asked about in this thread, so there was no reason to reintroduce this issue.

While you might have to pay income tax either via Paye or Self Assessment on Benefits in kind, for a Child Support calculation, it is the income amount Before Tax on a P60, and in the case of Self Assessment its Gross Profit you achieved. Accounts packages (Quick Books, Free Agent Etc) when you report your having a "Benefit in Kind" will update the amounts on your Self Assessment page, to cover this issue. Its the income amount you pay tax on what CMS work off.

it is only in a situation where the parent getting paid the child support thinks that the ex person paying is hiding income, or any other abuse of the systems, that under an application to vary the income used, its looked at in more detail.

This is done on a case by case basis, as there is a set amount of cash someone needs to pay for their normal living things, as well as if there is  dependent child living with the paying party.

I do not have the disregard amounts to hand, but if we estimate this at £100 per week you need to live off (what someone on the sick gets), if only £6000 exists the form of cash, then even on a variation of income, it could not result in an amount over 800 per year being awarded.

Due to the number of aspects of law in situations like that, its always best to get legal advise, and there is a lot of Solicitors who specialise in CMS cases.

Getting back to the last post, while they work off the last tax year, if they do not have the detail, they can either estimate it, if they have it for up to the last 6 years, and if no detail exists, they base an award on an income of £40,000 until you can evidence otherwise.

Jesus...take this offline if you want.....what do you want...for me to QUOTE the damn regulations to you again so you aptly ignore them to further your own cause or something.....you are advising people completely wrong
There is EVERY reason to make this known because it is EXACTLY how they calculate your charge. Previous years gross taxable income...and BiK are classed as INCOME and included in your Figure received by the CMS from HMRC...What don't you understand from that?

I have told you before, your P60 doesn't show BiK, so that poor bugger will go away looking at one figure and possibly get a charge based on something else IF he gets BiK....get your facts straight please.


Do you actually have a case with CMS ??

Here ya go I ll even make it easier for you to understand...

Top portion is from my CMS papers and the figure they work my charge on.

Bottom portion is from my PAYE tax coding notice P800. 
You can see it states my annual salary as £40366.70
You can see it states my BiK's ( car and Medical)
and the bottom, figure TOTAL GROSS TAXABLE INCOME OF...well looky there they are both the same!!!

Because they include your damn BiK like I have said all along..

Call this my swan song but people need to know this. After this I doubt I will come back on here as the advice you give is not entirely correct in some cases and on this, you will P**s someone off mate!!
An apology would be nice but I will take a guess that you are too stubborn to admit you are wrong!

Bye now

[Image: eVYBuen.png]

The P800 only relates to the amount of Tax you pay, what in your case would be on the £43260.70. Income Tax has different rules to Child Support, and any employer has to inform you of the tax liability before offering your a benefit in kind, as part of any salary package.

It is the amount on your P60 what CMS use, what would be £40366.70. Even the public calculator on the Dot.Gov Website only asks about income.

It is only on a variation of income, where other aspects of tax records come into it.  Because of the difference between your cash amount and the disposable amount (for you to live off and any children you or a new partner get child benefit for) then a variation would be allowed.

If someone worked in a pub as an example, where they got about £150 per week but in benefit in kind lived in, with all meals provided and they did not have to pay anything towards things like water, gas and electric, then it could be that for Income Tax HMRC say that is worth another £150 per week. As they still need cash for some normal living costs, for example cloths, dentist, prescription charges, then a more likely outcome as its on a case by case basis, would be to vary the income amount to about £230.

Therefore to say that Benefit in kind counts is wrong, and in this case the poster had not even asked the question.

When someone asks about Child Support, I always link to the Dot Gov Website, and explain how it works in terms of of the fact you have a disregard amount to cover your normal day to day costs, and that of any dependent child, and then staying contact is looked at.  If there is a Mortgage or Rent Being mentioned in a post paid under a contact in the none resident parents name or both, I explain how to claim a reduction. If relocation is mentioned, I also point out the excessive travel for contact costs you can get a reduction for.

If you want to answer the benefit in kind questions if any come up feel free, but bear in mind that the amount of Child Support awarded added to the disregard amounts to cover normal living costs and that of any deponent children can not exceed the P60 Gross Amount or in Self Employed the Gross Profit.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.


Possibly Related Threads...
Thread Author Replies Views Last Post
  CMS giving away salary details civic4 5 595 10-30-2019, 10:19 PM
Last Post: civic4
  Kids bank account Russell1972 2 1,020 04-16-2019, 11:18 AM
Last Post: Astroman
  Partner Accepted, no details given? mcvities_lover 1 794 09-18-2018, 08:12 PM
Last Post: warwickshire1
  Children's Bank Accounts lotr123 8 2,505 09-09-2018, 08:23 PM
Last Post: watsa64
  [UPDATED] Final financial settlement details for your viewing pleasure Tamagoto 22 8,671 07-25-2018, 09:07 PM
Last Post: Mr Sandman
  Disclosure of recent bank statements david_wallace 6 4,041 06-19-2017, 11:10 PM
Last Post: Drew65
  Child's Bank Account markskaaa 9 6,216 05-18-2017, 08:31 PM
Last Post: markskaaa
Question Joint Bank Account Johankirchner 3 3,556 12-12-2016, 09:36 PM
Last Post: MarkR



Users browsing this thread: 1 Guest(s)