Whether to deduct DDs from voluntary CM

If the car belongs to a finance company she wont have a choice as to whether or not to give it up.

Thank you William.

I had a long chat with them and they were very helpful in their approach, but also tied by the rules. So, the award is based on a higher earnings from the previous year because that is what HMRC gave them. Another 2 weeks and they would likely to have my much lower last year earnings, but they have to take the information from date of application. Plus they cannot vary it to take into account that I get a quarterly bonus that can vary greatly or not be paid at all and in the current difficult trading for company I work for it is likely to be lower. Therefore having a high pay out spread evenly over 12 months, while my earnings are expected to be even less this coming year is not at all good for me, with a review 12 months away.

The person I spoke to did agree that this should be handled voluntarily between myself and my stbx, I have more than honoured my commitments over the last 12 months, been very co-operative and stated in a solicitors letter that I have no intentions to pay what is legally due moving forward. She had no grounds at all to go to the CMS in my opinion.

They are going to phone my stbx to suggest that this is handled voluntarily so that my payments are based on last years earnings and go up with my salary each quarter relative to the bonus I am paid. However, as the reason for her claim was to put me in as much trouble as possible then I do not think that she will agree to that......lets see!

to correct myself having re-read.....I meant to say, ''I have no intentions to not pay anything that is legally due''.....an important error in the context of my post:)

As I understand it the cms are trying to get out of the business. They want as many people as possible doing things voluntarily. You may have a tough 12 months but it should all even out in the end - though that might be poor consolation now .