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Good afternoon all, after a little advice here. I received today an attachment of earnings order from the CMS with reference to arrears. Unfortunately my marriage broke down two years ago and from the day of the split i have been paying £350 per month to my ex partner as worked out from the CMS calculator.
Shortly after I deployed with the armed forces for nine months and had to give up my home, upon return from deployment i got a new place and have been living there for over a year now,
unbeknown to me the CMS had been writing to my previous address saying i was underpaying (i wasnt) and have now put me on collect and pay with arrears of £1500 and just under £500 fees. I have never missed a payment and just because the CMS didn't use my correct address (i didnt even know my ex partner had gone to the CMS) my payments have jumped up to £700 per month for one child, I am planning on formally appealing and was just wondering if anyone had any pointers and advice they may share, i have no confidence in the appeal but have to try.
DO you have evidence that not only you were paying, but that what you were paying was specifically for child maintenance? The unfortunate fact is that CSA/CMS seem to have a habit of saying that unless there is definitive evidence that what you were paying was for child maintenance, then they will disregard it. There is also an obligation for you to inform them of a change of address, so that could make it harder for you.
However, I would certainly appeal, and at the very least, try to get off Collect and Pay so that you are avoiding the 20% additional charge.
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