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CMS Pushing Family ...
 
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[Solved] CMS Pushing Family to Brink

 
(@SaintsMike)
New Member Registered

I have a 13 Year Old daughter who lives with here mum and since our speration 12 Years ago i have been making Child Maintenance payments via CSA by deductions at source with no issue. In March 2017 i was notified by CSA my case was transferring to CMS. I contacted CMS Immediately and opened my case with them, being advised that later that year, i would be advise my Payment schedules. Basis what i was paying per month with CSA i was expecting a continuation of payments at or around teh amount i was paying via CSA which was 497.50 GBP per month. In spetember of 2017 i was advised by CMS that my Payments would go upto 720 GBP per month. No justification other than that they worked figures out using a different formual than CSA. I immediately attempted via CMS to contact the mother of my child and seek to come to a personal agreement. She has not responded to anything other than give CMS here bank account details to give to me to make payments too. I have attempted to contact her direct and through my mother with no response. but have been continuing to make a 500.00 GBP payment per month to her direct. CMS without being in writing or any form of contact with me yesterday took 4537 GBP from my account, with an order for a further 1200 GBP, to pay for arrears. In total over the last 15 months since my case has been with CMS they have taken and she has received 15 x 500 gbp = 7500 gbp, Plus two direct order deductions of 900 pounds and 800 pounds respectively, amounting to a total of 9200 GBP in 15 months of payments and being with CMS. They now reckon i owe them a further 5500 GBP. and as stated have aken 4537 GBP of that amount, meaning that i have paid some 13 700 GBP in the last 15 months. They have taken this money from my account, left my account with zero in it. My Local MP who i approached is spineless and says nothing can be done. CMS are usual arrogant and unreasonable people. My Ex partner is going on hilidays and ejoying trips to US etc. My family and three children licving me have nothing. I am a decent earning parent, the sole earning parent in our household. I am being made to pay charges of 28.00 GBP per week, as the ex partner will not come to any agreement, and so CMS are saying i must pay via them, when i am paying 500.00 GBP direct to her. CMS have taken this 4537 GBP, without so they say, knowledge of my paying her 500 GBP per month direct. They say that the moneys they have taken cannot be put back in my account at any time soon, it needs reviewing....... They have also apparently accessed other data from my bank about monies i have transferrred to my wife, as that was a question raised to me today, and so when i stopped the woman asked where she got that information she said they had got statements from my bank. I have not provided such statements so is this an infringement of GDPR? All of this is pushing me to the brink of is there any value in carrying on. Are there other Dads in similar positions, and b) is there any Family Lawyer out there that knows how to take on CMS and get my money back, and get this matter sorted to a point, where the father that is seen as wanting to do right, is no longer inflicted with charges due to an obstructive head in the sand woman, that seems to want blood from a stone? This cannot continue, believe me...... she has taken all there is.

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Topic starter Posted : 12/02/2019 12:27 am
 Mojo
(@Mojo)
Illustrious Member Registered

I’m really sorry you’re having such a terrible time... it does seem grossly unfair. All I can suggest is that you go back to you MP and insist that he refers you to the Parliamentary Omsbudsman. But that won’t address you’re current situation.

If you haven’t already, think about making a formal complaint

https://www.citizensadvice.org.uk/Global/Migrated_Documents/adviceguide/what-to-do-if-youre-unhappy-with-the-cms.pdf

Some further reading ...

https://voiceofthechild.org.uk/kb/child-maintenance-service-policy-law-and-decision-making-guidance/

I wish I could help further... best of luck

ReplyQuote
Posted : 13/02/2019 7:59 pm
 NRJ
(@NRJ)
New Member Registered

Hi Saintsmike I have read your post and find myself in a similar position paying £970 per month that I can't afford and arrears that have appeared out of no where £6000!

I too am the sole earning parent with a family and just want to move on and be happy whilst being fair and paying maintenance however I refuse to believe that just because I am doing well for myself my ex should benefit ! This is not spousal support and it only costs a certain amount to bring up a child.

It would be good to know how you have got on since your post as I feel that I am on a similar path.

ReplyQuote
Posted : 31/08/2019 3:03 am
(@dadmod2)
Illustrious Member

hi,

thats so terrible. you should looking at becoming self-employed, and there is lot more flexibility. tax wise, you have 9 months to pay tax after your tax year ends. and CMS will have to wait until your tax year ends, and wait for accountants to work everything out for you, before they can assess your income. would be much easier for you.

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Posted : 01/09/2019 10:18 pm
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