Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
Hi all, new here.
I'm going through a divorce and my ex had initially prevented me seeing my children, then allowed access after serveral months of seperation, but kept it pinned down to Saturday to Sunday every other weekend. She told the CMS that I was not seeing the children at all and that I'd refused to pay any maintence. This was not the case, I was seeing them as often as she'd allow and I had offered her maintence, but not as much as she wanted.
I'd used the CMS online calculator to come up with the sum of £380 a month.
I called the CMS and found that she had exaggerated how much I was paid, and told them I did not see the children at all. I tried to correct the fault in my earnings, only to be told that becuase it wasn't 25% different to the figure she had provided, that they would not recalculate. The also said, that I needed a court order to prove I saw the children.
I sought legal advice and in the meantime she got the CMS to put an attachement to earnings on me for £520 a month! I can't stop it, and she refuses to amend it. Some of this is attributed to 'back dated' pay, whilst I had offered her cash that she had refused on the grounds it wasn't enough.
Since then, she has suddenly decided I can see them from Friday to Sunday, alternate weekends.
My solicitor seems unsure of my stance with the CMS since the changes to have the children 2 nights alternate weekends, with extra time granted over half term, summer holidays and Xmas. This now puts me clearly over the 52 nights a year bracket, which should mean my payments and charges from the CMS come down, but how do I change this? My solicitor thinks they might accept a solicitors letter from her solicitor. I reluctant to call the CMS as last time I did so the woman that I spoke to was very unhelpful and stand-offish and I ended up arguing with her and hanging up. She seemed less than understanding of my position.
Has anyone had successful dealings with the CMS to reduce payments when access has been significantly increased? How did you approach it and did you need an expensive court order?
I'm afraid I have little experience of this and can't find anything online to say if a solicitors letter will be adequate proof.
I would keep at it with the CMS, ask to speak to a manager etc. You can also ask the CAB or your local MP for support in dealing with the CMS.
Hopefully one of our members may know more in this area.
Good luck
Take a look at this page - https://www.gov.uk/child-maintenance/complaints-and-appeals
I would certainly look at raising a complaint - the point that stands out is that the initial calculation was based on a figure she gave, and not on evidence of earnings from you - I can't see that the less that 25% change (which is a rule they have) should apply to an incorrect initial figure.
You'd also need to tell the CMS you want to apply for a variation based on the 52 nights reduction (and it must be overnight stays) - I was under the impression that where the parents gave the CMS conflicting stories, that they default to it being one night a week. If your ex's solicitor is prepared to write to the CMS to confirm this, then I don't see any reason why your ex shouldn't just confirm this to the CMS over the phone anyway, that would save a solicitors letter.
When I initially spoke to the CMS way back in March 2015, I asked them how they arrived at the monthly figure of £680! The very rude and unhelpful woman on the phone told me the details had come from me. I said, that couldn't be the case as I'd only just had a letter from them and this was the first call I'd made. So she said, 'oh no, hang on it was on the information 'she' provided'.
I informed her this was incorrect, and the CMS woman just said "well it won't matter, it's not 25% different from what 'she' told us, so we wouldn't re-calculate anyway." It seems the figure they arrived at was £400 a month, plus fees, plus back dated payments to December. I had a very long and heated discussion with her and her manager and finally got them to reduce it to £520 by spreading the back dated pay over a year instead of 3 months. I just couldn't afford to live on what I had left after £680 a month, and still struggle to live after paying her £520 a month.
The CMS staff I spoke to were adamant they would not re-calculate using the actual figures that I'd provided for my earnings.
They also told me on the phone that she said I didn't see the children at all, but at the time I was seeing them Saturday to Sunday every other weekend. They would not amend my details and told me I needed proof in the form of a court order, or her word. Seems that 'her' word is gospel with the CMS and mine counts for nothing!
From now onwards I'll be seeing the kids for 2 nights (Friday to Sunday) every other weekend, 2 weeks over school summer break and 9 nights over the Christmas holiday. That clearly puts me over 52 nights a year. I know for a fact that 'she' won't call the CMS and tell them I see them as often as I do, purely because she is bitter and vindictive, even though it was her who threw me out and made false allegations to the police about me. I have the text message she sent me that amends our previous arrangement and grants me more access. I have shown this to my solicitor who is drafting a letter to her solicitors asking them to confirm the details in writing. At this point, that's the best I think I can hope for in terms of getting her to admit the changes to access to the CMS.
I'm hoping the solicitors letter will be enough, but I get a very strong feeling that the CMS is full of bitter women that are very anti-dad.
I still think it might be worth raising a complaint - they should have based the calculation on the correct figures, not on her say-so, so I still don't see that the 25% argument should cut it on the initial calculation.
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.