2023/12/12

Child Support 25 Percent Rule

Child Support 25 Percent Rule

When dealing with the Child maintenance Service, there is one misunderstood topic, known as the 25 per percent rule, which applies to child maintenance calculations, where there is a child support case through the Child Maintenance Service. The 25% rule might sound complex, but fear not, we're here to break it down for you. Simply put, this rule dictates that for your income to trigger a change in your Child Maintenance Service (CMS) calculation, it must either increase or decrease by at least 25 percent within a year. Let's unpack this further in the video below, and the text that follows.


The 25 Percent Rule in a Nutshell Imagine your income as the cornerstone of the CMS calculation. Its the most important part of the different parts of the CMS maintenance calculation. When you open a child support case with the CMS, they obtain from His Majestys Revenue and Customs known as HMRC, your most recent tax year to determine the percentage of your salary that needs to be allocated for child maintenance. Fast forward a year, and the CMS conducts an annual review by assessing your salary from the following tax year. This process is relatively straightforward when your income remains stable or only fluctuates slightly, say by three percent, from year to year. If it goes up by three percent, you pay more. If it goes down, you pay less. Understanding the 25 Percent Threshold Here's where the 25 percent rule comes into play. If your income changes by more than 25 percent between the two tax years up or down, your CMS calculation will adjust during the year, and not at the next review. The 25 percent rule primarily addresses changes that occur during the year, not as a basis for annual reviews. Examples to Clarify Let's consider a couple of scenarios. In the first case, Person A earns a salary of £10,000 per year, which increases to £12,000 per year. As this increase is not a 25 percent change, the CMS calculation remains unchanged for the rest of the year. However, this increase will be factored into the following year's CMS calculation. In contrast, Person B has a job paying £20,000 per year, and they receive a substantial pay rise to £30,000 per year. Since this increase exceeds a 25 percent change, the CMS calculation should be recalculated at this point, leading to an increased payment for the remainder of the year. This means that the income changes from historic to current income. Bonuses and Temporary Changes You might be wondering about annual bonuses or temporary income spikes. If your salary temporarily increases by less than 25 percent within a 12-week period, you usually don't need to notify the CMS. Temporary changes of less than 25 percent are often considered temporary by the CMS and are addressed during the annual review. However a bonus is normally taxable, so if it does not trigger an increase, your CMS may be higher in a future year, when they use the income from the bonus year to do the calculations. A Word of Caution A common pitfall is when people report a 20 percent increase in their salary to the CMS, and it's occasionally accepted even though it doesn't meet the 25 percent threshold. Also, situations arise where someone's salary jumps by 30 percent and then drops by 15 percent. The CMS might decline to decrease the payment, leaving the individual stuck paying the higher amount until the next annual review. Final Thoughts The 25 rule isn't as complicated as it may seem at first. To trigger a change in your CMS calculation, your income must increase or decrease by at least 25 percent within the year. This rule ensures that minor fluctuations won't require immediate adjustments, sparing you from unnecessary communication with the CMS. Always remember that temporary changes under 25 percent are always addressed during the annual review. On your Child Maintenance Service review date, the CMS will produce a new calculation which will be revised up or down, depending upon a change of income by at least £1. Its not a case that your income has to change by 25% in order for the calculation to change. If you found this guide helpful and want more information on specific topics, feel free to leave your queries in the comments. Don't forget to like and subscribe for more valuable insights, and together, let's make the child maintenance journey smoother for everyone.


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What Does Child Maintenance Cover

What Does Child Maintenance Cover

Child maintenance can be a complex topic to navigate, especially when it comes to understanding what it covers and what it doesn't. In this blog post, we'll delve into the intricacies of child maintenance, with a particular focus on school uniforms and additional expenses. If you're new to this blog, don't forget to join us on Youtube. Our Youtube Channel can be subscribed to at: https://www.youtube.com/channel/UCmKdH63SQdlSqqFwkc4hAKQ?sub_confirmation=1 Please like and subscribe to receive future videos on similar topics right in your YouTube inbox.


The Basics of Child Maintenance When you first open a Child Maintenance Service (CMS) case, you're likely to receive a booklet outlining how child maintenance is calculated and what the service entails. The booklet is called "About the Child maintenance Service - A guide for paying parens and receiving parents. Its refererence is CMSB001GB. The CMS is a government statutory child maintenance service operating in England, Wales, and Scotland. Its primary purpose is to ensure that parents who are separated contribute financially to their children's upbringing through regular child maintenance payments. No one is required to use the Child Maintenance Service. Parents are free to choose their own plan, howeever many choose to use the CMS. Defining Child Maintenance Child maintenance is essentially reliable financial support that aids in covering the everyday living costs of a child. The CMS aims to determine, collect, and distribute these payments on behalf of separated parents. By collect they do this in one of two ways. Direct pay - Where they tell you what to pauy, and you pay direct to the other person. Collect and Pay - Where they take the money and pass it on. There is a charge for this. Calculating Child Maintenance The calculation of child maintenance primarily revolves around the income of the paying parent. It's important to note that only the paying parent's income is taken into consideration, not their expenses or additional payments. There are different rates of child maintenance, including basic, reduced, and nil rates, based on specific circumstances. Consideration of Other Children The presence of other children, whether living with the paying parent or not, plays a role in the child maintenance calculation. If a parent has more than one child, the rates may vary accordingly. It's crucial to inform the CMS about any other children you have, as this information affects the final calculation. If you are a paying parent it may reduce your overall contributions. The CMS will not reveal the names of the other children. Only that there are other other children, and how many. Shared Care and the Child Support Calculation Shared care arrangements are also considered when calculating child maintenance. The number of nights a child spends with each parent per week can impact the amount paid or received. This shared care is factored into the calculation, and discounts are applied based on the number of nights spent, averaged over a forward looking year. School Uniforms and Extras One common query is whether child maintenance covers school uniforms and other extras. The answer is straightforward: child maintenance is meant to contribute towards the child's general living expenses. It doesn't specifically cover individual items like school uniforms, after-school activities, or school trips. The CMS calculation is designed to provide financial support for the child's overall well-being. The CMS do not provide a breakdown of items that CMS support payments cover, nor would they as the calcuation is based on the paying parents income, not the receiving parents expenditure. Private Arrangements for Extras If paying parents wish to contribute towards school uniforms, school trips, or other extras, they can make private arrangements. This can be a more flexible way to allocate resources according to specific needs. However, it's recommended to establish clear terms and conditions to avoid any misunderstandings. Legally, if the CMS is used to provide a calculation, the CMS amount must be paid, and that is enforcible in law. Neither party can make an arrangement to pay another figure, higher or lower, without the child support case being closed by the Child Maintenance Service Understanding Spending Allocation Child maintenance payments are intended to support the child's living costs, and how these funds are allocated is up to the receiving parent. While concerns might arise about how the money is spent, it's essential to recognize that the CMS calculation is a contribution to the child's overall expenses, without specifying where each portion should be allocated. A paying parent cannot withhold money if they are not happy with the spending. Conclusion Navigating the world of child support payments through the Child Maintenance Service, can be challenging, but understanding its fundamental principles can make the process smoother. Child maintenance primarily covers the general living costs of the child, and while it doesn't include specifics like school uniforms or extras, parents can make private arrangements for such expenses. Remember that child maintenance is about ensuring the child's well-being, and open communication between parents is key to achieving that goal. Facebook https://www.facebook.com/groups/197227785636347 Blogspot: https://childmaintenancehelp.blogspot.com/ Amazon: https://amzn.to/3EyVAue

















2023/12/07

Claiming Travel Expenses Against Child Maintenance Payments

How is mileage calculated for child maintenance?




Can you claim travel expenses through the Child Maintenance Service?  Yes you can.  Claiming travel expenses for mileage can be done via the portal.  However you can only claim travel costs if you are a paying parent and have an open Child Maintenance Service case.

How Does It Work?


The Child Maintenance Service gives paying parents a discount off the maintenance payable, in order to take into account expenses for travel, such as train tickkets, and mileage costs for fuel.  

To claim, you need to ask for a special expenses variation.  The minimum claim is £10 per week.  So you will not be able to claim for a few miles.

Unlike travel expenses for work, you dont actually receive the money.  It is simply discounted off of your gross income, meaning that you pay slightly less child maintenance to the receiving parent.  The mileage cost per mile is significantly lower than the mileage that HMRC allow you to claim.  

So someone with a gross income of £200 per week, eligible for £10 per week travel, would see their gross income reduced to £190 per week, with calculations for maintenance assessed on the slightly smaller amount of £190.

The cost of the journey it is calculated using the HMRC advisory fuel rates which are not very generous.  They certainly dont cover the cost of running a car per mile.  The HMRC advisory rate used in the CMS calculation does change, in line with average prices on the petrol forecourts.  Rates can go up and down, and are recalculated every 3 months.  All the quarterley rates are shown in the tables at the end of the page.  

Example Calculation

Someone travels 100 miles per week and drives a 1400cc petrol car.

The rate for this calculation is 14p per mile.  

14p x 134 miles = £18.76.  So above the threeshold for a weekly claim.

They have 2 children, so CMS is 16% of income.

Assuming they do 52 journeys per year, annual mileage claim is 7000 miles.

7000 miles x 14p = £980 of travel.

That £980 is deducted from their income for the year.  In this case they earn £30,000 per year.

So a £980 deduction is applied to their salary.  So now their salary starts off as £29,020.

So originally on 30K their CMS at 16% was £400 per month.

So now on £29,020, their CMS of 16% is now £386.93 per month.

A saving of £13.06 per month or £3.00 per week.


How Do You Claim Travel Expenses


You claim for travel using the CMS portal.  You will need to be registered to use the portal.  Currently its not possible to register online, so you will need to call the CMS to set up your login details.  Be warned, CMS telephone lines warn that it could take an hour to get through.

Latest Rates



Rates Effective from 1 Dec 2023.

Fully electric cars are paid at a rate of 9p per mile.  Hybrids are paid based on the fuel  ie unleaded

Engine sizePetrol — rate per mileLPG — rate per mile
1400cc or less14 pence10 pence
1401cc to 2000cc16 pence12 pence
Over 2000cc26 pence18 pence

Engine sizeDiesel — rate per mile   
1600cc or less13 pence
1601cc to 2000cc15 pence
Over 2000cc20 pence

Previous Rate Effective from September 1st 2023 until 30 November 2023

Engine size Petrol — rate per mile LPG — rate per mile
1400cc or less 13 pence 10 pence
1401cc to 2000cc 16 pence 12 pence
Over 2000cc 25 pence 19 pence
Engine size Diesel — rate per mile
1600cc or less 12 pence
1601cc to 2000cc 14 pence
Over 2000cc 19 pence

From 1 June 2023 to 31 August 2023
HMRC Advisory Rates Were:

Engine size Petrol — rate per mile LPG — rate per mile
1400cc or less 13 pence 10 pence
1401cc to 2000cc 15 pence 12 pence
Over 2000cc 23 pence 18 pence
Engine size Diesel — rate per mile
1600cc or less 12 pence
1601cc to 2000cc 14 pence
Over 2000cc 18 pence

From 1 March 2023 to 31 May 2023

HMRC Advisory Rates Were:

Engine size Petrol — rate per mile LPG — rate per mile
1400cc or less 13 pence 10 pence
1401cc to 2000cc 15 pence 11 pence
Over 2000cc 23 pence 17 pence
Engine size Diesel — rate per mile
1600cc or less 13 pence
1601cc to 2000cc 15 pence
Over 2000cc 20 pence

From 1 December 2022 to 28 February 2023

HMRC Advisory Rates Were:

Engine size Petrol — rate per mile LPG — rate per mile
1400cc or less 14 pence 10 pence
1401cc to 2000cc 17 pence 12 pence
Over 2000cc 26 pence 18 pence
Engine size Diesel — rate per mile
1600cc or less 14 pence
1601cc to 2000cc 17 pence
Over 2000cc 22 pence



Previous Rates from one year ago in 1 Sep 22

As of 1st Sep 2022 the rates are shown in the table below.

Petrol

Engine size (cc) Mean MPG Fuel price (per litre) Fuel price (per gallon) Rate per mile Advisory fuel rate
Up to 1400 51.9 174.2 pence 791.9 pence 15.3 pence 15 pence
1401 to 2000 44.1 174.2 pence 791.9 pence 18.0 pence 18 pence
Over 2000 28.8 174.2 pence 791.9 pence 27.5 pence 27 pence

Diesel

Engine size (cc) Mean MPG Fuel price (per litre) Fuel price (per gallon) Rate per mile Advisory fuel rate
Up to 1600 60.7 185.2 pence 841.8 pence 13.9 pence 14 pence
1601 to 2000 49.8 185.2 pence 841.8 pence 16.9 pence 17 pence
Over 2000 38.8 185.2 pence 841.8 pence 21.7 pence 22 pence

LPG

Engine size (cc) Mean MPG Fuel price (per litre) Fuel price (per gallon) Rate per mile Advisory fuel rate
Up to 1400 41.5 83.7 pence 380.5 pence 9.2 pence 9 pence
1401 to 2000 35.3 83.7 pence 380.5 pence 10.8 pence 11 pence
Over 2000 23.0 83.7 pence 380.5 pence 16.5 pence 17 pence

Electric Cars

The advisory electricity rate for fully electric cars is currently 9 pence per mile.  Hybrid rates are based on the non electric fuel used.

Source .gov.uk website.

Mileage allowances are not paid to receiving parents.  Paying parents wishing to claim need to make it clear that they want to claim the discount.  It wont simply be offered or applied automatically.