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Changing maintenance payments

  • Adgjl
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06 Nov 20 #514667 by Adgjl
Topic started by Adgjl
I have no taxable income or benefits. I signed a Separation Agreement that stated I pay a set amount each month.

Am I able to change this, my income has gone down considerably in the last 6 months. The money I make is considered by HMRC to be proceeds from gambling hence why it’s not taxable.

  • Rickoshea
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06 Nov 20 #514669 by Rickoshea
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If the agreement was signed by the courts then normally it can be challenged after a year by submitting a CMS claim. If you aren't earning as much then that seems a possible cause though obviously any CMS claim may result in you only having to pay the base amount so it becomes a moral decision ultimately about what you can/will pay but maybe worth speaking with a solicitor or someone with a greater grasp as it's an unusual situation with a theoretical zero "taxable income"

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06 Nov 20 #514670 by Rickoshea
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A blog relating to the previous scheme but may have some relevant links to read up on what the arguments can be

www.stowefamilylaw.co.uk/blog/2018/03/19...-support-assessment/

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06 Nov 20 #514674 by Adgjl
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This is an agreement that hasn’t been ratified by any court, would that allow me to change it potentially

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06 Nov 20 #514675 by Rickoshea
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In which case yes you could just get CMS to do an assessment on your " nil income" and then it would be the other party to challenge I guess

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06 Nov 20 #514676 by WYSPECIAL
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Adgjl wrote: This is an agreement that hasn’t been ratified by any court, would that allow me to change it potentially


If it's a private agreement you can end it at any time.

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07 Nov 20 #514679 by Adgjl
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No it’s through a solicitor so it’s been drafted and witnessed

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