Child maintenance question...
Discussion
I'm embroiled in an absolutely horrific divorce, and have a maintenance question, as I'm a bit stressed before I speak to my solicitor.
Sparing you the gruesome details, I've agreed to pay her the amount outlined in the below government calculator.
https://www.gov.uk/calculate-your-child-maintenanc...
In addition I've just given her £500 to tide her over for the next few months, and do plan to give more when I can, but raising the equity to buy her out of the house has been incredibly difficult, so I'm a bit skint.
She's now looking to pursue;
1) My company car allowance i.e. claim it as my salary and then put it through the calculator to up the amount.
2) Nursery fees (Just FYI, I'm not a
, I offered to take full custody, and have agreed to pay towards when I have the money)
3) Costs in association with the dog?
I mean, that's not possible though surely is it? I.e. if it went to court could they really make me pay extra in association with those things? I mean, I'm not sure there's anything left at this point...
Sparing you the gruesome details, I've agreed to pay her the amount outlined in the below government calculator.
https://www.gov.uk/calculate-your-child-maintenanc...
In addition I've just given her £500 to tide her over for the next few months, and do plan to give more when I can, but raising the equity to buy her out of the house has been incredibly difficult, so I'm a bit skint.
She's now looking to pursue;
1) My company car allowance i.e. claim it as my salary and then put it through the calculator to up the amount.
2) Nursery fees (Just FYI, I'm not a
, I offered to take full custody, and have agreed to pay towards when I have the money)3) Costs in association with the dog?
I mean, that's not possible though surely is it? I.e. if it went to court could they really make me pay extra in association with those things? I mean, I'm not sure there's anything left at this point...
Edited by Prof Prolapse on Friday 7th June 09:32
Prof Prolapse said:
For fk's sake really?
It doesn't even cover the bloody running costs as it is.
Unfortunately so. k's sake really?It doesn't even cover the bloody running costs as it is.
On the plus side, I am 99% sure that you aren't responsible for any of the nursery fees.
And IMO a dog is a luxury, so wouldn't imagine you would be responsible for any costs i relation to it. Certainly as far as the CMA are concerned.
She may be able to pursue both of the above as part of the divorce though, not 100% sure.
Edited by Christmassss on Friday 7th June 10:00
Prof Prolapse said:
I'm embroiled in an absolutely horrific divorce, and have a maintenance question, as I'm a bit stressed before I speak to my solicitor.
Sparing you the gruesome details, I've agreed to pay her the amount outlined in the below government calculator.
https://www.gov.uk/calculate-your-child-maintenanc...
In addition I've just given her £500 to tide her over for the next few months, and do plan to give more when I can, but raising the equity to buy her out of the house has been incredibly difficult, so I'm a bit skint.
She's now looking to pursue;
1) My company car allowance i.e. claim it as my salary and then put it through the calculator to up the amount.
2) Nursery fees (Just FYI, I'm not a, I offered to take full custody, and have agreed to pay towards when I have the money)
3) Costs in association with the dog?
I mean, that's not possible though surely is it? I.e. if it went to court could they really make me pay extra in association with those things? I mean, I'm not sure there's anything left at this point...
Unfortunately she would win on the car allowance. It's PAYE income on your P60. That's what CM is fundamentally based on.Sparing you the gruesome details, I've agreed to pay her the amount outlined in the below government calculator.
https://www.gov.uk/calculate-your-child-maintenanc...
In addition I've just given her £500 to tide her over for the next few months, and do plan to give more when I can, but raising the equity to buy her out of the house has been incredibly difficult, so I'm a bit skint.
She's now looking to pursue;
1) My company car allowance i.e. claim it as my salary and then put it through the calculator to up the amount.
2) Nursery fees (Just FYI, I'm not a
, I offered to take full custody, and have agreed to pay towards when I have the money)3) Costs in association with the dog?
I mean, that's not possible though surely is it? I.e. if it went to court could they really make me pay extra in association with those things? I mean, I'm not sure there's anything left at this point...
She would need a court order to cover a share of nursery fees , the CMS don't cover that. If you legitimately couldn't afford it a Judge could not award her it.
She is having a laugh surely?
Cheers mate. I've sent my solicitor an email on the first point for confirmation along with my contract.
That's the one I was most uncertain about and I need to make sure is right so I'm not underpaying them. It is quite sad though, the reality is I now have no choice but to cancel the benefit and take the company car as it ceases to be financial viable to run the old car. So ultimately she gains nothing, and I now have to pay more taxes, which means I can afford to contribute less overall.
Oh well.
On the plus side, new car shopping....
That's the one I was most uncertain about and I need to make sure is right so I'm not underpaying them. It is quite sad though, the reality is I now have no choice but to cancel the benefit and take the company car as it ceases to be financial viable to run the old car. So ultimately she gains nothing, and I now have to pay more taxes, which means I can afford to contribute less overall.
Oh well.
On the plus side, new car shopping....
Prof Prolapse said:
Cheers mate. I've sent my solicitor an email on the first point for confirmation along with my contract.
That's the one I was most uncertain about and I need to make sure is right so I'm not underpaying them. It is quite sad though, the reality is I now have no choice but to cancel the benefit and take the company car as it ceases to be financial viable to run the old car. So ultimately she gains nothing, and I now have to pay more taxes, which means I can afford to contribute less overall.
Oh well.
On the plus side, new car shopping....
What about a cheaper car instead?That's the one I was most uncertain about and I need to make sure is right so I'm not underpaying them. It is quite sad though, the reality is I now have no choice but to cancel the benefit and take the company car as it ceases to be financial viable to run the old car. So ultimately she gains nothing, and I now have to pay more taxes, which means I can afford to contribute less overall.
Oh well.
On the plus side, new car shopping....
Prof Prolapse said:
Cheers mate. I've sent my solicitor an email on the first point for confirmation along with my contract.
That's the one I was most uncertain about and I need to make sure is right so I'm not underpaying them. It is quite sad though, the reality is I now have no choice but to cancel the benefit and take the company car as it ceases to be financial viable to run the old car. So ultimately she gains nothing, and I now have to pay more taxes, which means I can afford to contribute less overall.
Oh well.
On the plus side, new car shopping....
In that case you should also confirm with your solicitor that taking a company car, rather than having an allowance, will reduce the amount of maintenance payable. That's the one I was most uncertain about and I need to make sure is right so I'm not underpaying them. It is quite sad though, the reality is I now have no choice but to cancel the benefit and take the company car as it ceases to be financial viable to run the old car. So ultimately she gains nothing, and I now have to pay more taxes, which means I can afford to contribute less overall.
Oh well.
On the plus side, new car shopping....
Amateurish said:
In that case you should also confirm with your solicitor that taking a company car, rather than having an allowance, will reduce the amount of maintenance payable.
I am, thanks.It's just a stressful time, so often you find yourself googling or asking people on the internet their thoughts.
Stay in Bed Instead said:
What about a cheaper car instead?
It's worth £2,000 on a good day. I've just spent £1500 on keeping it going as it's quite a solid car. I'm not sure what I could replace it with that wouldn't be a huge liability, and I need it for work.It's the running costs which are the issue, not the monthly payments. Work don't pay me enough to cover fuel, and. I just can't afford to get anything else.
Amateurish said:
In that case you should also confirm with your solicitor that taking a company car, rather than having an allowance, will reduce the amount of maintenance payable.
Unless it has changed recently, then having a company car (unless it's a pool car) will be classed as a taxable benifit.Prof Prolapse said:
It's worth £2,000 on a good day. I've just spent £1500 on keeping it going as it's quite a solid car. I'm not sure what I could replace it with that wouldn't be a huge liability, and I need it for work.
It's the running costs which are the issue, not the monthly payments. Work don't pay me enough to cover fuel, and. I just can't afford to get anything else.
I thought most people used the car allowance to lease a car, you appear to be using yours to live on.It's the running costs which are the issue, not the monthly payments. Work don't pay me enough to cover fuel, and. I just can't afford to get anything else.
If you employer does not reimburse you the full HMRC mileage rates, you can claim tax relief on the difference. It only applies to business miles obviously.
Christmassss said:
NGee said:
Unless it has changed recently, then having a company car (unless it's a pool car) will be classed as a taxable benifit.
Yeah, it doesn't matter if it is car allowance or a company car. Taxable benefit so in the calculation 
Anyone got a link to prove?
Prof Prolapse said:
In addition I've just given her £500 to tide her over for the next few months, and do plan to give more when I can, but raising the equity to buy her out of the house has been incredibly difficult, so I'm a bit skint.
I'm sorry for your pain. It can only get better, eventually.Edited by Prof Prolapse on Friday 7th June 09:32
I'm curious, are you planning on raising via loans and debt, or are you using savings/family money etc to buy her out. Would high debt/loan maintenance payments limit the amount that can be awarded in court?
...Or Do CMS just take everything PAYE before you see it? and to hell with you if you cannot make ends meet after?
Stay in Bed Instead said:
She is having a laugh surely?
You literally wouldn't believe how vicious it's gotten. I'd say "hell hath no fury", but in all honesty I never did anything but want to leave due her declining mental health and increasing aggression directed solely towards me, which would seem pretty founded at this point
At this point she's stopped at nothing and gone for my pensions, refused all but the highest value in exchange for the equity in the house, stolen the joint account money, taken my dog, moved my son 50 miles away (which would be fine but she refuses to transport my son anywhere), taken all the furniture, I'm currently sat on children's chair as I've none left!
She realised I'm on a knife edge both mentally and financially having barely got enough to remortgage so, I think she's now trying to focus on rendering it unaffordable. I moved hundreds of miles to be with her so no where else to go, so basically I lose, literally, everything if she can do that. I don't even know where I'll go, or how I will see my son.
Oh I was thrown in jail last week. I didn't do anything of course and was thankfully released without charge, it was just to f
k me over apparently.Anyway, I'm venting, but yeah. Not great times.
Prof Prolapse said:
Amateurish said:
In that case you should also confirm with your solicitor that taking a company car, rather than having an allowance, will reduce the amount of maintenance payable.
I am, thanks.It's just a stressful time, so often you find yourself googling or asking people on the internet their thoughts.
Prof Prolapse said:
You literally wouldn't believe how vicious it's gotten.
I'd say "hell hath no fury", but in all honesty I never did anything but want to leave due her declining mental health and increasing aggression directed solely towards me, which would seem pretty founded at this point
At this point she's stopped at nothing and gone for my pensions, refused all but the highest value in exchange for the equity in the house, stolen the joint account money, taken my dog, moved my son 50 miles away (which would be fine but she refuses to transport my son anywhere), taken all the furniture, I'm currently sat on children's chair as I've none left!
She realised I'm on a knife edge both mentally and financially having barely got enough to remortgage so, I think she's now trying to focus on rendering it unaffordable. I moved hundreds of miles to be with her so no where else to go, so basically I lose, literally, everything if she can do that. I don't even know where I'll go, or how I will see my son.
Oh I was thrown in jail last week. I didn't do anything of course and was thankfully released without charge, it was just to fk me over apparently.
Anyway, I'm venting, but yeah. Not great times.
Yes pal, I believe every word. I have several t-shirts.I'd say "hell hath no fury", but in all honesty I never did anything but want to leave due her declining mental health and increasing aggression directed solely towards me, which would seem pretty founded at this point
At this point she's stopped at nothing and gone for my pensions, refused all but the highest value in exchange for the equity in the house, stolen the joint account money, taken my dog, moved my son 50 miles away (which would be fine but she refuses to transport my son anywhere), taken all the furniture, I'm currently sat on children's chair as I've none left!
She realised I'm on a knife edge both mentally and financially having barely got enough to remortgage so, I think she's now trying to focus on rendering it unaffordable. I moved hundreds of miles to be with her so no where else to go, so basically I lose, literally, everything if she can do that. I don't even know where I'll go, or how I will see my son.
Oh I was thrown in jail last week. I didn't do anything of course and was thankfully released without charge, it was just to f
k me over apparently.Anyway, I'm venting, but yeah. Not great times.
Mind forced the house to repossession rather than permit it to be sold. Mortgage in my sole name.
You vent away if it helps.
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