Cms high court bank payments

hi, who did you email, or was it live chat? by high court, was this CMS tribunal??

you should phone them to clear this up. and give details of private pension and if you have lates tax return, send to them. however they can see that on HMRC system. a shame they put you on collect and pay, extra 20% charge. now will have to stay on that for 6 months, then ask them to remove it. 

Hello,

I understand your stress and frustration. I'll try to offer some help. (Im sorry if I come off as blunt).

To take money from a directly from a bank account, the CMS require a liability order from the court. This can only be done when the NRP (None residential parent). Is not paying.

As you are self employed, (Not an employee or employee of a ltd. company for exsample). They cannot get the money through an attachment of earnings. (No wage to take it from).

A liability order could also effect your credit score. As unlike maintance, it can show on a persons credit report.

When the case was opend, they should have notify you in writting, and provide a 14 days window to provide infomation/evidance of income, pension, shared care ect. You had 14 days from the first payment plan to do the same. 

If a person does not respond, or a Gross income figure, can not be determined from the historical HMRC data. They can make an estimation, of earnings based on a persons occupation under the legislation. Or use avalible historical data to do the same.

The Child Maintance is not like any bill. It is finantial servetude, under the legal obligation to provide finantially for your children. You are required by law to pay it. Even if you do not agree with the CMS assesment of liability.

It is also worth noting that as part of the liability order. They will recover costs, so you are also charged.

Getting a liability order or Attachment of earnings over turned, is only possible under very specific curcumstances. Involves going to court. But if you cannot provide evidance of having made payments that covered your liability, it is unlikley.

"May I suggets you contanct some one like NACSA Ltd. Who would be able to provide more guidance regarding the CMS".

"Everything the CMS does in part of a legal process, dictated by alot of legislation". 

Regarding your assesment of income. You need to provide evidance as to why you beive your current income caculation is wrong. 

- What type of caculation are you on? (Historical = last tax your info from HMRC. Current income = What they estimate you will earn until reveiw. Estimated = A guess of your current income). What documents can you provie as evidance to support your argument? If you have an accountant can they help with this?

- Regarding Pension contributions relived at source. You need to provide a full pension statment, plus and bank statments that shows you are making regular contributions. 

Know the complaints procedure, and time frames.

1. Mandantory Recnsideration. (Same as the Benafits complaints prossess). 

2. Appeal through tribunal. (Form SSCS2 and process).

3. Letter to MP and investigation by ICE (DWP Independant Case Exsaminer).

- In regard to your liability caculation. What is your current liability? What part is arrears? These a delt with separatly. Arrears they will attempt to collect with in 2 years. However they will negotiate if an offer of payment covers current liability, and pays off the arrears over a resonable amount of time.

Listen; by not paying. And openly admitting you stopped paying maintance, even to get time with your child. Could be veiwed a "finantial and coursive control". It is a criminal offence and it can be seen as domestic abuse.

We have all though "f*** y**", Im not paying you. But its for the kids. We live in strange times, you got to try and make decisions without the emotion, I know that is not an easy thing to do! But it will save you alot of stress and heart ake further down the line.

Good luck to you.

I understand how you feel. It is a real problem; I know I had a £140,000 child support bill for one child that was not based on any evidence, and despite years of challenging it, The tribunal service and CMS are not fair.  The mother did not consider voluntary payments for the child's food, clothes and university accommodation. 

If you have been given a regular deduction order, the cheapest way to deal with it is to pay it directly to the CMS yourself before it is due. After about six months of direct payments, the order will lapse. You can challenge it in the meantime but do not expect the Independent Case Examiner to help, as they always back up the CMS.