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Ok, so I have had my son live with me for 2 years, I am his Dad and have a full residency order along with my wife for him.
My ex for the first 18 months didn't pay a penny towards my son, absolutely point blank refused to. may I add that she has paid a grand total of £60 which is for 1 month at which she agreed £15 per week in all of that time.
at the end of court proceedings in May this year, I applied to the CMS. Now bearing in mind my ex was on benefits up until March this year but now has a full time job. My ex refused to even answer their letters. They then wrote to her work after me providing proof of where she worked and they calculated that she should pay the flat £7 per week rate due to not contacting them. They also said that they had worked on last years earnings which were benefits so she qualified for the lower rate. But, she is working full time. I have provided them with proof and have now applied for an appeal at the Court of tribunals or whatever it is called.
Her work is also ignoring the CMS after they wrote asking for her payslips, its a legitimate company and several of her family members also work there which could prove difficult. What are the chances that I am actually going to get some money out of this woman at all? what will happen at the appeal stage? They calculated £7 per week and those payments were to start 1st september and she hasn't even paid them. I have told them this also.
Many thanks
Companies now have to declare PAYE on an ongoing basis, I believe, so HMRC may not have to wait for a year end/P60. I would keep on at CMS, perhaps every couple of weeks. In the meantime, arrears are building up and that also means that CMS will be able to apply collect and pay, which will cost her an extra 20%, though it will also cost you 4% of the amount collected. It is also an offence for a company not to comply with the request from CMS to pay directly, so again, keep on at CMS.
Thank you, I had received the mandatory reconsideration notice which advised me to appeal to the courts and tribunal service. They told me that this could force the employer to cooperate and deduct money from her wages. They are just very slow going aren't they. I contacted them on the 5th September after she failed to make a payment on the 1st and I received a letter today telling me that they need my bank details for collect & pay. Nearly a month later, bonkers!
Yes, unfortunately, they don't work quickly, probably simple shortage of manpower, but the arrears accrue, so you should get it at some point, and the higher the arrears, the more they are likely to take from her each month to clear them.
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