How to avoid cms?

The unfair thing parents so on both sides is linking contact with childing to financial contributions and often one is weaponized and the other soon falls into the trap as collateral damage.

I could go further into the father vs mother dynamics that have already been covered but really this isn’t really different to any other dynamic in life – where individuals either use systems to their advantage or put their agenda first.

So instead, I will try to talk about how to fix the system in my view:

Firstly, reducing assets/income is completely normal and whilst receiving parents may deduce it’s a punishment to them actually it’s almost always without exception a legally acceptable practice to reduce paying less tax to the taxman. Just about every director and self-employed person, I’ve ever met does this, whether they have kids or are even in a relationship or not.

The CMS then have a difficulty, because they are working with a set of data which although they have full access to, they handicap with taxation laws that favour corporations and the rich (but let’s not open that can of worms!).

The CMS also base calculations on the last tax year – which means any calculated amount is extremely susceptible to change but also unfortunately to manipulation.

Although it clearly doesn’t work for every case, the CMS uses tax because it’s the least amount of work – and also because it actually it fits most of the working population who happen to be employees on PAYE. We do need to accept that. It works for probably 75-85% of the population.

The CMS are not going to invest in another data set when they have ​a ‘mostly’ reliable source just across the road at HMRC.

So how do you plug the gaps? Change the calculation model. How? Use a combination calculation. I’m not sure of the perfect mix but here’s my suggestion:

1. Take a calculation up to £25k of earnings – this then covers everyone equally and accounts for genuinely low earners. 2. Take a calculation of tax on earnings across all tax years since the child was born up to 18 and calculate an average – this means that numbers cannot be manipulated in one year with a sudden drop (and if there is, it can be more easily triggered for investigation) 3. Get rid of the nights element to the calculation – and instead add tiers, 25% of the year, 50% and 75% – these are easier calculations/discounts to work with and accounts for anomalys of a few extra days/week here or there.

This then means if someone loses their job for example… the element of number one is deal with proportionally but it also means that someone cannot ‘hide’ their income and if they were – then it cannot be deemed as being done to spite an ex-partner.

The other thing to say is when payments feel low, it is normal for the receiving parent to ask for more… better circumstances that wouldnt be an issue – I know plenty that give more than the CMS amount voluntarily as well as on request. However, we need to realise and accept what the difference is. Anything more than the CMS calculation is extra and as a result anything extra may – in some cases – requires negotiation or a slightly different approach.

In ideal world, both parents would put their ego aside and just put the kids first but the reality is that after so many parental breakdowns, there are still long lasting wounds on one side or both. To ignore this is not only naive but counter-productive – whether the paying/receiving or isolated/residing parent – you have to now accept that if you are not on better terms, that there will be an extra dynamic to consider.

Therefore a discussion about money might seem like nothing in a amicable circumstances but outside of it can feel like a very very personal attack which people cannot help but resist. I wish it wasnt true but it plays out time and again.

Lastly, there should be greater consequences for breaches of directives like court orders and failed payments – I dont think those that do it take it seriously enough because the law/court doesnt. That only adds to the tensions above.

I dont want go into my situation too much, as I’m aware I dont have peace with it yet but I will say I would be happy to pay more in better circumstances but when things are so bad its really difficult to differentiate what is being asked from the person asking because how bad the level of communcation is between us. I wish it wasnt the case, from the bottom of my heart, but after a break up you usually promise yourself you wont allpow certain things again, like unfairness or emotional blackmail, so unfortunately that plays out my own resistance over ‘extra money’ because of the unnecessary words added to messages when being asked, which demonstrate its not just about the kids for the other person, either – and although in every other area of your life you might have the experience, expertise and confidence to ‘rise above it’ – it feels like the ability to do so flies out of the window so quick you dont even realise it left the room. I have never experienced that with anyone or anywhere, so I know whatever is going on isn’t just down to me. I genuinely want to be better – but first I have to learn how to redefine communication between two people who think that everything they say to one another is an attack or manipulation. Wounds.

In this guide, we’ll explore child maintenance payments in detail, including:

We’ll also look at who isn’t expected to make child maintenance payments and some options you can consider if you simply cannot keep up with your outgoings.

The Child Maintenance Service (CMS) is a government-run service that is there for parents who have not been able to make a private arrangement for covering their child’s living costs.

The CMS doesn’t automatically get involved when parents separate or when parents who are not together have a child. Instead, the service is there if the two parents or guardians cannot agree between them payments that will cover the costs of raising that child.

The main roles of the CMS include:

If you’re looking at how to reduce child maintenance payments, it’s useful to first know exactly how these payments are calculated – to make sure you’re paying what the CMS considers to be a fair amount.

Throughout CMS guidance and this guide, you’ll see the terms “paying parent” and “receiving parent”. It’s important to understand what these mean to avoid any confusion.

The paying parent does not have day-to-day care of the child. Therefore, this is the person who pays child maintenance.

The receiving parent is the person who is responsible for the day-to-day care of the child. Although this is usually the other parent, it can sometimes be a guardian instead. This person receives the maintenance payments.

The CMS has a 6-step process for working out what the paying parent should pay.

The CMS will contact HM Revenue and Customs to find out what the paying parent’s yearly gross income is. ‘Gross’ means the figure before tax, national insurance and other deductions are made.

They’ll also check with the Department of Work & Pensions (DWP) to find out if the paying parent is getting any benefits.

Tax credits, student grants, and loans do not count towards your gross income.

The CMS will check for things that affect your gross income amount.

These things might include pension payments or costs of other children you support.

At this stage, you can ask for additional things to be taken into account – usually extra income, things you own, or extra expenses you might have.

When the CMS has all the figures they need, they will work out what your gross weekly income is.

Depending on your gross weekly income, one of 5 rates will be applied.

Gross weekly income Rate Weekly amount

Unknown or not provider Default £38 for 1 child, £51 for 2 children, £61 for 3 or more children

Below £7 Nil £0

£7 to £100, or if the paying Flat £7

parent gets benefits

£100.01 to £199.99 Reduced Calculated using a formula

£200 to £3,000 Basic Calculated using a formula

If the paying parent’s income is more than £3,000, the receiving parent is entitled to apply for a court order for extra child maintenance.

The CMS will take into account the number of other children that the paying parent has to pay maintenance for or support. This might include children that live with them and financial arrangements made for other children.

These costs can include anything from food costs and travel expenses right through to boarding school fees.

With all this information, the CMS will make a decision about the final figure the paying parent is expected to make.

When the CMS calculation has been made, they will make deductions from this amount based on an average number of ‘shared care’ nights each week.

A ‘shared care’ night is when the child stays overnight with the paying parent.

Since many parents are paying maintenance with no formal CMS agreement in place, this information can be useful in helping you decide if what you’re currently paying is fair and inline with the amount of child maintenance you are expected to pay.

You can use the .GOV website to work out what your child maintenance payments are likely to be. The calculator will not send any personal or financial information to the DWP.

You will not be expected to pay anything through the Child Maintenance Service if you:

Millions of people, both employed and self-employed, have seen their finances impacted by Covid-19. More recently, significant increases in costs of living have also meant even priority costs have been hard for some people to meet.

It’s important to remember that child maintenance payments are considered to be a priority payment and you should make sure they’re made ahead of any unsecured loans or credit cards.

If you can’t pay maintenance as expected, there are a couple of important steps to take.

If it’s possible and safe to do so, your first step should be talking to the other parent and see if you can reach a compromise.

It’s important to try to see things from their point of view as well as your own.

You could perhaps ask if they would be willing to accept a temporary reduction, until your circumstances change and you can afford to pay the normal amount again. You might want to put a timescale on this so they don’t feel like it will be forgotten about.

If you do manage to come to an agreement, you should let the CMS know. They may be able to offer additional support if you’ve seen a significant reduction in the amount you earn.

It won’t always be possible to talk to the other parent involved or come to an agreement. However, if your income has dropped by 25% or more (if you’ve been made redundant for instance), you can ask the CMS to recalculate what you have to pay based on these new figures.

If your income hasn’t dropped by 25% or more, you’ll be expected to continue paying your current amount.

The CMS charge a fee for this service, so it’s better to make an agreement between parents if possible – but it’s not essential.

At the moment, you will be able to talk to the CMS and let them know over the phone about any issues impacting your ability to pay. They may agree a lower amount for now – but they will need to see proof of your reduced income in the future.

Whether your agreement has been made directly between parents or recommended by the CMS, stopping your payments can lead to serious consequences.

The CMS will add up the amounts of missed payments and this will be considered a debt. Like other creditors (people or companies you owe money to), they have a debt collection process that they will start promptly – especially if you haven’t spoken to them about financial issues you’re having.

If you continue to withhold payment, they can apply for a court order to collect arrears directly from your wages or benefits – before these payments get to your bank account.

In rare cases, failure to pay can even result in prison.

There’s a formal appeals process that you can pursue if you think the CMS calculation is incorrect.

Before you start an appeals process though, you should ask the CMS for the decision to be looked at again. This is called ‘mandatory reconsideration’.

You can ask the Child Maintenance Service to take a second look at their decision for a number of reasons, including:

Sometimes, this mandatory reconsideration will lead to a change in the amount of child maintenance you’ve been asked to pay. However, if you still don’t agree, you can appeal to the Social Security and Child Support Tribunal. You’ll have to make this appeal within a month of the decision being made – if you don’t, you will have to explain the delay.

You’ll need to download and complete an SSC2C form to make an appeal. When it’s filled out, you should send it to the address on the form.

You can provide evidence to support your case.

It usually takes around 6 months for the appeal to be heard by the Social Security and Child Support Tribunal. You’ll be invited to the hearing – but even if you don’t attend, a decision will be made.

If you’ve looked into how to reduce child maintenance payments and find there’s no way to lower your payments, you might want to look into giving yourself some breathing space with other, less important payments.

Different payments, bills, and debts are given different levels of priority. The following are considered to be priority bills or debts:

These should be the first things that are paid – as the consequences for not paying are severe.

Some payments and debts are considered a lower priority: