Ex has gone to CMS !!!!

Hi, whilst it could be the typical ex behaviour, there is also the possibility that if she is struggling financially and has mentioned it to friends/family then the suggestion you are underpaying may have been made and for her to contact CMS, potentially not malicious.

However, you now have your solution to the whole paying early and her asking for it to be paid outside of agreement. With the CMS now involved, there is an expectation you pay it timely and also use a clear payment reference when paying by bank transfer so that you have evidence of payment, amount, date so there is no dispute. If she does want it paying earlier etc you could if you wish ask her to contact CMS to get the date changed and see what they say (more than likely they will say no or contact you which could take weeks)...

All the best.. 

@Daddyup

Just curious im on salary is it my decision to pay monthly because she prefers weekly but I would like to pay every month and get it out the way,she didn't add 52 nights a year too I noticed so it actually £58 per week.

Will ring them using reference number 

now that this is in the hands of CMS, be mindful now that if your earnings increase, then so does your maintenance. any pay rises, bonuses, over-time work will mean you have to pay more.

@bill337

Hi Bill,

Cheers for heads up yeah guess will just be a new way of thinking its just a shock when not expecting it,

Old arrangement was a good deal because I got extras like school uniform and clothing/toy request that she couldn't afford.

Still seems odd because we talk like friends when around each other I guess thats life nothing is always as it seems with people in private life behind closed doors.

As far as I am aware, you can pay monthly if you choose, so do that and she is going to have to learn to budget better as a consequence of her decision. As mentioned above, make absolutely sure that the standing order you set up has child maintenance (or a CMS reference number if there is one) as your payment reference, so it is absolutely clear that these payments are for child maintenance.

@actd

Cheers yeah makes sense only thing I'm not sure about is im trying to avoid collect and pay because of the charges and from what I can see on booklet you can choose direct pay (original letter ex has put she wants collect and pay)

If they let us sort it ourselves by doing direct pay and she don't agree to monthly pay what happens then if aggrement can't be reached on that

Collect and pay is only used if there are arrears. Worth having a word with CMS but I'm pretty sure they will allow you to pay monthly - as long as you pay as per their schedule, then you are safe. If your ex is struggling with the amount you are paying now, then collect and pay would be bad for her as well - they add 20% to the amount you pay, and knock 7% off the amount she receives, so she's put collect and pay as a way of getting at you.

Hi

Yes collect and pay only if you go into arrears once CMS is involved so ensure that you pay the amount advised on the date agreed each month.

The other thing to note is that if your ex asks for more money than CMS amount, this would be classed as voluntary payments and the CMS advised me not to do so where possible as if I struggled in future they wouldn't count them and reduce payments and instead to put the money aside to ease any financial issues I may have. Eg if I got an unexpected bill one month such as car repairs, then they will not accept that I have paid additional overpayments and allow me to reduce my payment one month to cover the enexpected bill.. Therefore now that your ex has gone to CMS, if she wants to change date, you to pay earlier or pay a higher amount, the stock response should be to ask her to speak to the CMS as you are paying the amount they have advised on the agreed date.

All the best. 

@Daddyup

Many thanks thanks for reply guys helped alot this should be interesting the old private arrangement for start of this year was  £60 per week and CMS calculation says £69.62 per week in rough calculation letter but SHE SAID I DONT DO OVERNIGHTS even tho I do every other weekend so should be £60 pw

I have a feeling she thought I was on a much higher salary than I am I remember her joking 2 months ago "surely as a manager your on atleast 40k a year" and I just laughed with her then we took my lad out she's always been nosey for some reason

I'm guessing she probably doesn't understand what 'collect and pay' is used for or that she would reduce her payments using that method. 

If she has commented on your salary, I would hazard a guess that she's done this to ensure you're paying the correct amount. 

You can tell CMS that you have overnight stays and they should reduce the amount. If she denies you have overnights, then it's up to you to prove it. 

Whilst I don't advocate paying more than you should, you have said you generally have a good relationship with is to both of your credit. 

As the differences are a few pounds, I would say pick your battles. Many difficult situations with contact start with a minor issue like this and they can soon spiral. 

Cheers for feedback 

My last issue i can't seem to get through to the CMS to speak to them and they only have 1 number and can't use gov portal and I have 6 days remaining to respond to this letter with reference number,

So looks like its going to collect and pay anyways because says I must contact then within 14 days but when its says on phone we are now putting you through it just beeps then cuts off?