Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
Hi. Im new here and I hope someone can help. Its a long story so please bear with me. My brother split from his ex partner 10 years ago. When she was on one she went to the CSA (even though he was paying maintenance) but then she calmed down and they came to an agreement without the aid of the CSA. Fast forward 8 years, she sees his life is going ok, she can't have that! She went to the CMS and said he hadn't paid a penny since they split. He can prove this is a lie but they still insisted he owed them money which ranged from £30,000 to zero. CMS refused to say how they reached those figures. An order was made for him to pay £50 a week for his daughter which ended when she entered employment in August 2017. Today he received a demand for £11,000. They say its from when he had an arrangement with the ex. He moved house in December, which he informed the CMS of ahead of time but they claim that they sent 3 letters to him at his old address and he didnt respond so they are now garnering the money directly from his wages. They obviously have his current address because they have written to him there today! So not only do the people who live in his old address now know all his business he boss also thinks he doesnt pay for his kids! Can they do this when he naver had any arrangement with the CSA in the first place? Any advice will be gratefully received. Thanks..
Hi
Unfortunately, they can since, as far as they are concerned, a case was opened and he hasn't been paying money through them, and anything he has paid to her directly they will consider to be extra to maintenance. If she has told them thaty he hasn't paid her anything, and he has evidence that he has, he could try going to his MP and ask that he/she raises a complaint, but I'm afraid he is going to have quite a struggle on his hands, as technically, what they have said and done is correct, even if it's not morally correct.
Hi. But they never asked him to pay anything and this was 10 years ago. Surely at the very least they have to explain how they came to that figure? And as it was from CSA can the CMS chase that? When he asked a question about CSA they said that they don't have access to CSA records! So how do they "know" that he owes money then?? Sorry to ramble but it's driving me mad. I can't get my head around how they can just drop this on him without explaination. Also, do they have to provide transcripts of conversations if asked? as so far they are refusing. Thanks.
With the old cases under the CSA being moved over to the CMS this is a problem that is happeneing a lot. I would recommend that your brother write to them and request that all communication be in writing and ask for a full breakdown of how the arrears have been calculated. Open a complaint and an appeal with them and go and see your MP as actd has suggested.
All the best
I would submit a subject access request (SAR) to both CSA and CMS - they legally have to give him all information held about him (they can redact some information) which will hopefully give him the conversations. It may cost him £10 per request (not after 25th May though, as GDPR doesn't allow for any charge to be levied) and might shed a bit more light on it - be prepared for a jumbled mass of paperwork though.
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.