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Can anybody give me a bit of advice - my partner has currently had all his money in 2 occasions over the last 4 weeks he's been left with nothing. His ex partner has stopped him seeing his daughter and is claiming he has never paid for her when there's always been a mutual agreement he knew nothing about the csa claim which has been ongoing for 4 years but never been notified due to sending letters to a wrong address. They've took everything she's said against him and not took him into consideration stall, we are really wanting to take this to court as it's fraud however finding it so hard to get an legal advice due to solicitors saying they don't get involved in csa cases
hi,
sorry to hear this. when it comes to income, CMS are only allowed to take up to 40% of a parent's earnings. I suggest he raises a complaint with his MP, and for them to look at this on his behalf.
has he tried to gain access to daughter via courts? if not I can advise. sending you a private message.
Hello EMC,
The CMS as is is now known, is a large, bureaucratic and highly process-driven government department within the DWP.
A fairly rigid process is followed when Paying Parents don't follow the payment schedules which are produced when the Receiving Parent or Parent with Care opens a case against them to provide towards the cost of raising the children they had together.
I believe your Partner is in the Enforcement Stage where the CMS uses liability orders to take money directly from the Paying Parent. This can be a Debt Enforcement Order (DEO) issued directly to their employer or an instruction to their bank to freeze their account and take as much of the arrears which have built up whilst payments have either been missed or part-paid. Other measures include Bailiffs and a prison sentence.
What I believe has happened is the other parent has reported your Partner to the CMS for missed payments as per CMS guidance. Frankly, it's a miracle they've waited 4 years before Enforcement but I imagine by now the arrears will be significant. They will have sent out umpteen letters to your Partner and because these haven't gone to the correct address they've all been ignored, resulting in the action you described. It's very unfortunate but it isn't fraud I'm afraid.
What is up for debate is why they had the wrong address. They will argue it is the one the other parent gave them and they do not usually open a case unless an address is verified.
In terms of advice, as the consequences of ignoring the CMS can be very severe I would recommend your Partner contact the CMS asap, they are notoriously difficult to speak to so phoning in at 8am sharp is the best time to call. Your Partner will be unable to close the case and whatever he owes will have to be paid but he may be able to persuade them to cancel the enforcement action and set up a payment plan to pay back what he owes and for payments moving forward. FYI child maintenance is paid until a child leaves full-time secondary education or turns 20.
Good luck but do feel free to check back in with any more questions, etc.
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