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CMS collect and pay

 
(@bez87)
Active Member Registered

Hi.

Long story short my ex stole my children away from me in which I had 50/50 care. 

Within a few weeks I recieved the first child Maintenance letter. The only problem was within this time i had covid, lost my job and managed to get work as self employed for amazon to get myself out of debt caused by not working for an entire month without pay. Im scraping by with mandatory loans and bills. 

I told CMS all of this but rejected my claims and went off last years figures. I told them I would pay what I could around the dates suggested.

I did this until now, where the ex has now complained and they have put me on collect and pay. Which is a staggering £110.92 a week, which if I pay I would be financially ruined and living on the streets.

I've rang up so many times, I've put what invoices I have got. But it changes so frequently. But rejected each time.

I'm also financially ruined already due to solicitors fees and court fees as I'm in the midst of court but of course she lied in the first court hearing so I now have to wait until end of march to get a say.

Why is child maintence allowed to take ones word and take it as gospel. Esp when it's a mother. I feel like the system is so flawed and against dads its bordering on illegal. 

I'm still in shock that a mother can take the children away deny me access all because of jealousy of the life I've finally built and can go straight to CMS say a few words and I have to abide by it, without any

proof.

The question really is has anyone else gone this far or further what should I expect to happen?

Sorry for the long rant. Needed to get it off my chest.

Quote
Topic starter Posted : 22/02/2022 10:36 am
(@dadmod2)
Illustrious Member

hi,

yes CMS is a very rigid system. I also went self-employed. When I told CMS they said they will base maintenance off my most recent tax year income. If I disagree, then get an accountant to do projected earnings for next 12 months. I told them I am happy to stick with their calculation. If I don't stick to their payment plan and pay less, then I would expect them to put me on collect and pay as well. am not 100% sure but  I think if you stay on collect and pay for 6 months, then you can ask them to be put back on direct pay. I would recommend you join this FB group, CMS support for non-resident parents. lot of experienced members: https://www.facebook.com/groups/239699060076601

if you have any arrears to pay, you could ask them to spread those payments over 2 years, to make it more affordable.

ReplyQuote
Posted : 22/02/2022 11:36 am
(@dadmod2)
Illustrious Member

hi, if your really struggling, you could consider applying for universal credit. it is possible for self-employed people to claim UC.

ReplyQuote
Posted : 22/02/2022 11:43 am
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