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My ex applied through the CMS for a calculation when we split. There was no way I could afford the figure they came up with. My ex agreed to a lesser amount but the case is still open with the CMS on a Direct Pay basis.
Anyway long and short is I was underpaying (according to the CMS calculation) by about £75 for 12 months and then by about £200 for 6 months because I moved and my rent was much higher so I had to cut it. But this was all with ex's agreement (she wasn't happy but she agreed.)
Now she has come to me and said she is in rent arrears and she needs me to pay the maintenance arrears, she has worked it out as £2000 odd. She says if I don't she will go to CMS to enforce it.
Can she do this given she agreed for me to pay the lesser amount? I can only afford to pay her £2000 (and to pay the full amount each month) if I go into the savings I got when we sold our house. I am keeping that for a mortgage deposit and really don't want to touch it.
Where do I stand?
Hi there
If you have a statutory agreement through the CMS and haven't been paying the calculated amount, I think there's a possibility that they could make you pay the shortfall.
I'm not sure where you would stand if you could provide written proof to the CMS that she agreed to the lesser amount, it might be enough but they can be [censored] minded at times.
I agree with mojo that it's likely they could enforce the arrears as you were still under CMS rules, and you didn't notify them that you were changing to a family based arrangement. Worse still, if she does go to the CMS for enforcement, then not only could you be made to pay the arrears, but you may well also be put onto the collect and pay - this will add an extra 20% to your payments, so as undesirable as it is, I think you may well have to pay the arrears to stop moving onto collect and pay - however, if you do this, make absolutely sure that you do it by direct transfer into her bank, clearly marked as maintenance arrears, otherwise she could claim that the payment has nothing to do with maintenance and you'll get stung for them again, and still go onto collect and pay. Ideally, get something in writing from your ex as well.
This sucks. So the fact I am currently going more into my overdraft every month as it is and am barely eating to get by means nothing to these people? She clearly just wants to ruin my life.
As far as I can see my best option is to quit my job then she won't get any money off me. I'll be homeless but I'll end up that way soon enough if I have to pay that much a month.
I'm afraid quitting your job will probably make things worse. Firstly, the arrears don't go away, so any time your return to work, they can chase you for them, even when maintenance is no longer payable. And that's assuming they wait until then - they will probably go after you through the courts if they felt that you had left your job to avoid paying maintenance, and potentially they can send if the bailiffs, or more likely, they'll get a deduction order which means they can take money directly out of your bank account to pay arrears, and you'll still end up with the collect and pay system, which costs you the extra 20% . Of course, another point is that if you quit work, you aren't going to be able to get a mortgage anyway.
I'm afraid they are following the rules, the issue is that technically you are in arrears because they weren't informed by your ex that you were going to use a family based arrangement and that she no longer wanted to use direct pay.
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