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Unemployed maintenance
#11
Thanks Mark,

So just to qualify your answer, I am Liable to pay £7 per week for maintenance, and this is a fixed amount whether it's for one or more children, Not £7 per child?
Also if my JSA is stopped if I still pay the £7/week, I am still fulfilling my obligation as regards maintenance and no arrears would be building up?
What if I have over paid previous maintenance as even whilst unemployed I have maintained the level,of maintenance that I would normally be paying out of the cash lump sum I have in the bank that is still to be split between my ex wife and myself in the divorce settlement, do you or anyone know how this works, as my wife's solicitor is saying that in effect I haven't been paying and it should be added back to the lump sum for division, but she has already had this money.

Thanks
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#12
(02-06-2017, 12:23 PM)NewHill123 Wrote: Thanks Mark,

So just to qualify your answer, I am Liable to pay £7 per week for maintenance, and this is a fixed amount whether it's for one or more children, Not £7 per child?
Also if my JSA is stopped if I still pay the £7/week, I am still fulfilling my obligation as regards maintenance and no arrears would be building up?
What if I have over paid previous maintenance as even whilst unemployed I have maintained the level,of maintenance that I would normally be paying out of the cash lump sum I have in the bank that is still to be split between my ex wife and myself in the divorce settlement, do you or anyone know how this works, as my wife's solicitor is saying that in effect I haven't been paying and it should be added back to the lump sum for division, but she has already had this money.

Thanks

The starting point for Child Support is the P60 or Self Assessment Gross income from the last tax year.

There might be variations if Benefits in Kind, Pension Contributions, Excessive Travel for Contact costs (where a resident parents has relocated to create the distance issue) or if your paying rent/mortgage for a house you do not live in, but the child does.

Normally a claim would be look at each year, once the tax details are submitted to HMRC. The normal is for you to carry on payments until the recalculation takes place, what might be up to the following January if Self Employed, as tax returns do not need to be filed until then. Once the amount for the year is worked out, consider what payments have been made, then divide the remaining balance up in instalments, so that the correct amount if paid by the 5th April.

If your earnings are expected to increase or decrease by 25% over the whole tax year, it is reportable and recalculation takes place straight away. If CMS find an increase of 25% what went unreported, they can backdate to the 6th April that tax year, what will create arrears what need to be paid.

If you go onto some benefits, again the claim is recalculated, and in your situation with no staying contact on JSA, you pay £7 per week, nil if you have staying contact over 52 nights per year.

If a JSA claim is sanctioned, the £7 is still payable, as you can evidence the nil or reduced benefit payment, the amount you pay remains the same.

If JSA stops due to starting work, the claim would go back to the last years P60 or Self Assessment Gross Profit, unless the income will go up or down by 25% over the year, where the claim will run based on at estimated income.

Example, £14,000 per year income, no dependent children, 53-104 nights staying contact per year, is about £40 per week Child Support if 2 children.
Going on JSA would mean nil Child Support, due to staying contact, (in your case £7 as no contact).
If the person returned to work after say 6 months, their taxable income might only be £7000, so Child Support payment would be based on this, as its a reduction of over 25%.

From my understanding of the law, its your bank balance on the date of separation, when it comes to division of assets (cash from the relationship being that).
If there was a balance you had going into the relationship, introduce that into things.
As the Resident Parent, it was up to her to seek Child Support, either in the form of a "Family Based Agreement", or put in CMS.

Its not your problem that she failed to do this. Unless an agreement to pay existed what she can prove, she has no claim on any money you have acquired since separation.

That's the legal point of view, the moral one, if you still have the funds available, perhaps ring fence it for anything what the children might need. Its half term next week, maybe some uniform needs replacing. Perhaps your willing to fund any activity's/day out etc. The fact she is not legally entitled to the money, it can be on your terms, and its reasonable for you to want to make sure the child gets the benefit of the money, not your ex.
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.
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