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Hello everyone,
Just joined and this is my first post on here; certainly wont be my last. I can see I'm not the only person facing issues so hopefully I can help other dads too from experience....
Anyway, the CMS. My issue is as follows;
I opened a claim with them in Jan 2017 (3mths early) and they then took the case over from the CSA officially in March 2017 with the first payment due to my ex in April 2017. The CSA have been unable to get her to disclose her bank details for me to pay the maintenance monies due since then, and we are now in September 2017. As a dig, the stepfather e-mails quoting I have 'missed payments'......one of many ways of trying to antagonise me; doesn't work any more.
I just wondered if anyone else has had the same issue and what happened? The CMS give very conflicting advice; it seems whoever you speak to has a different spin on it. I'd really appreciate some views.
Thanks.
I would get advice from CMS in writing as to what they expect you to do - whatever you do, don't pay her cash as there's no record of this. If all else fails, open an account specifically for this, pay in the correct amount and write to CMS to tell them that you are doing this until they can advise on how to pay - hopefully that way you are covered from them saying you are in arrears at any time. It may be that they will close the case if they can't get details - if so, get that in writing also.
I have asked this of the CMS and they say they are unable to provide anything of the sort in writing. I did speak to someone a few weeks back who advised he would refer the case to the case worker to see if it could be closed as they weren't getting anywhere with it. I then followed it up and whoever I spoke to said cases don't get closed and I would still be liable for the money. There aren't any arrears; the money is in a separate account ready in case anyone comes knocking.
The game the ex is trying to play I think is leaving it for however many months/years hoping I wont have planned ahead and put the money aside then, she can ask the CMS for the case to go to Collect and Pay. Fortunately I'm always a step ahead but the CMS are pretty useless.
Cash; no chance. Ex asked for contributions to classes for our daughter but unless I get an outcome with the CMS I'm not budging.
The plot thickens.....
I spoke to the CMS today. I was advised that as they had been trying to get hold of my ex since March and she hasn't provided bank details for me to pay, they do not expect me to make payment backdated til then.
Also they let slip that the reason for the hold up is because my ex is trying to set up a 'non geographic bank account' which is weird because I already know where she lives; unless she is thinking of upping sticks.
Can I refuse to pay into an untraceable bank account? I'm a tad worried about my daughter's safety at this point.
I suspect that you wouldn't be able to refuse - if she has given you the means to pay, and it's recorded that you have paid (make it very specific on your standing order that it's child maintenance), then I think refusal to pay would have CMS on your back and you'd be put on to collect and pay, which would cost you an extra 20%
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