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So very recently I have had to prove to CMS that I have made payments to my lying bitter ex wife between Mar - Sep 18 monthly via Direct Pay. I had to challenge this as I received a letter for deductions order at my employers.
I also had a long dispute for 12months with CMS on top of this, whereby they the CMS received information from CSA last June 17 that I was in arrears with them of £218. This came about suddenly even prior to my annual review.This as a result of ex claiming she not been paid for the months mentioned above amounted to over 2.5k! With this she was insiting that i go to Collect & Pay. I had to prove to CMS that i was unemployed at the time they claiming i was in arrears of 218, trust me this was a tough arduous process. i called CSA who said my case was closed, and CMS could not access old records either. i had to provide my 'loss of notice letter' for proof when i was unemployed, and signing on. This took hundreds of calls and my time being wasted. Eventually i had to speak senior management to eventually investigate this.
For the recent alleged missed payments i had to supply my bank statements via the portal system, then would immediately follow up with a phone call. There was proof that the correct child maintenance was clearly labelled and paid via DD for the months. With CMS having investigated my alleged previous arrears, and proof i have been paying they was able to wipe out the arrears. Success!
However since my annual review they sent me a letter for 'collect & pay' again i challenged under what basis, and the call handler agreed that i have proven this and it should be reviewed as Direct Pay. Success no.2
However few days laters i recieved another letter saying that ex disputes the decision, and is claiming i earn more than what is calculated. When i spoke with CMS they was enquiring about how much i earn and requesting payslips. I refused, as i stated you obtain info from HMRC and my employers as to my earnings and not going to provide you just because she believes i earn more during her counselling sessions with CMS. I also challenged that they should take into consideration my contact.
Bear in mind my order states shared holidays, birthdays xmas etc and 2nights every other weeked. I however had stated and have proof that i actually have him for longer as she has no problem dumping him on me which im glad to have. For instance i will collect Friday after school and drop school Monday morning, then odd week nights nothing set in stone.
Problem is when i tell the CMS this, they state she denies this and have to go by court order and that i should seek to have order amended at court.
Am i obliged to provide them with anything additional other than proof i am paying?
Also would it be worth having order amended, even though i have text proof, pics and diary of contact.?
Quite annoyed she cant discuss like a human, all pleasant to your face but a real Sh!T behind your back with bully tactics. Any help and advice would be appreciated
Hi There,
The CMS side of things I am not too knowledgeable on, but the contact side if you are going to try and gain more time you do run the risk of losing the additional time that you are currently getting, and ending up with what ever you can get in an order.
There is going to be a risk that you could end up with less than you are currently getting, though that said it shouldn't drop below what is in the current order, but you may find that your ex doesn't give you the extra that she does now.
GTTS
Going by my most recent court appearance to request more time in Dec 2016 after having my son each weekend , i ended with less by it turning to weekend every other weekend. How that benfited my 4 year old at the time is beyond me! Lost all faith in court and corrupt judges aswell as clueless magistartes. My barrister got paid for giving the ex counselling session for the 8 hours i was at court. I saw him 3 times for the duration.
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