I have been fighting the CMS for 2 years now and just had my case closed by the CMS within 24hours. However, the worst is now to come..................
To start from the beginning. I have my kids 3 nights a week (Fri, Sat and Sun nights), take them to School 5 morning a week, and have them for 50% school holidays. My ex's Solicitor had said the agreed amount, with was based on 3 nights a week only. I assumed being a Solicitor it was correct. My ex complained it wasn't enough, and wanted more, so I decided to go through the CMS and have it done exactly, so no comeback. The payments then dropped by £100 a month based on them including the School holidays. I then started paying monthly as per the CMS calculations. Over a 2 year period my ex contacted the CMS to keep asking them to look at my salary (5x in two years) saying I had additional income, or unearned income. I kept complaining to the CMS about this. after the first 12 months, a case worker told me I shouldn't be paying as I was 50/50 with her. Went through alot of questions, and said to send in the evidence which I did. But after waiting 6 months to look at it, they came back and ruled in her favour, based on her having Child Benefit in her name for both kids.
I applied for CB, and I was awarded it for one of our children, so one each. I then waited a couple of months, just in case she tried appealing. Then called the CMS and spoke to a case worker for 2.5hours (with being on hold), and he said the case is likely to be closed. I also mentioned the Section 50 aspect as well. I also submitted 30 pieces of evidence of kids names registered at my address (Doctors, Dentists, Hospital, Optitions, School, local LEA, etc.)
The case was then subsequently closed within 24hours by the CMS.
However, I have now had my ex apply for a new application for both our children, 1 week 2 days after the CMS closed the case. But she has lied and told them she has full custody (I am guessing based on the amounts listed on my letter) but the CMS (under my old reference no), have come back to say the my monthly amount is 3x what it was 2 weeks ago.
Surely, they would look at their own case notes, realise that they closed it, and shut her case as well?
hi,
they also allow parents to make counter claims with applications.
I recommend you contact your MP and ask them to raise complaint with CMS. you should also copy in correspondence@dwp.gov.uk and complaintsreviewteam@dwp.gov.uk