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Help with Form E - Net Pay question

  • headinhands
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11 Aug 22 #519801 by headinhands
Topic started by headinhands
Hi

A Family member is going through a divorce, the wife has instigated 'no fault' divorce proceedings and has a solicitor supporting her through the Financial Agreement , whereas family member is relying on me ( no legal knowledge) to assist them with completing the form E. They have had some formal Legal Advice - hours consultation and if required will engage them on a more formal basis - but money is extremely tight.
We have exchanged Form E;s and now received back a number of questions ( as well as raising a number of our own), whilst we covered off the majority of questions on the call, I missed one and now am unclear on how to proceed.

Basically they have queried the family members net pay figures which are documented in Section 2.15 and provided a higher figure. I didn’t question it with the solicitor as just assumed that I had made a mistake with the calculation, however after looking at the figures today, I have managed to work out that they have recalculated the 12 months net pay by talking the last 3 months average net pay and then including my family members pension contribution of circa £65 a month and then multiplying that by 12 to give a higher net pay amt.
I excluded that from the calculation as to be honest I just took the current net pay from their wage slip and multiplied by 12. I’ve asked the family member to confirm with their work whether this contribution is mandatory / voluntary ( as I have no idea about pension rules) but I would like some advice as to whether they are correct and the pension contribution figure so be included in the net figure, and if it is where does it need to be factored in / highlighted in form E or does it just go in the income and expenditure spreadsheet? I’ve checked the wife’s corresponding expenditure list and it makes no reference to pension contribution so maybe she doesn’t have to contribute ( I don’t have her payslips to hand to check yet) but I would appreciate if someone could just confirm the correct way to approach this - he definitely isn’t trying to reflect a lower income , I’m just a little out of my depth and documented it in what way I thought was right .
Many Thanks in Advance !

  • hadenoughnow
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12 Aug 22 #519802 by hadenoughnow
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It sounds like nit picking to me, especially if the difference is £65 a month.

The Form E requires a figure for pay less tax and national insurance. This is backed up by p60 and payslips.

If there are deductions for pension, these can be reflected in income needs. It all adds up to the same overall.

Pensions have to be provided for employees unless they opt out.

Is there a child maintenance issue here?? That may be prompting the pay questions perhaps.

Hadenoughnow

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12 Aug 22 #519806 by headinhands
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Thank you , that makes sense. There isn’t an issue with child maintenance I think it’s more a case of trying to bump up his yearly pay / maximise his mortgage capacity , but like you say this will be equalled out when I add it into his income / expenditure form and income needs .
Thank you for the quick response , I can now respond - hopefully they can get to an amicable arrangement quickly and the figures will speak for themselves !

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