[Solved] unfair change from direct pay to collect pay

My partners ex tried to get CMS by collect and pay to be spiteful, but as he has always paid on time and had proof of payments they wouldn't do it. They don't want to make more work for themselves.

Hi Jellybeanchris

Thank you for your post. I would like to offer relevant information about child maintenance which may help to answer your query.

If your child maintenance is currently being managed by the Child Maintenance Service and you are using their Direct Pay scheme, you will need contact the Child Maintenance Service directly to discuss your concerns about your ex-partner's threats to move you to the Collect and Pay scheme and incur the collection charges.

However, if you currently pay child maintenance privately via a family-based arrangement and your ex-partner makes an application to the Child Maintenance Service, either of you can ask to use Direct Pay, but it is not a guaranteed choice. If you use the Direct Pay scheme neither you or your ex-partner will not have to pay the fees associated with Collect and Pay. With Direct Pay, the Child Maintenance Service works out the amount of child maintenance a paying parent must pay and then leave it to parents to arrange payments between themselves (such as setting up a Standing Order). If a paying parent asks to use Direct Pay and the receiving parent does not agree, the Child Maintenance Service will make a decision on whether Direct Pay can be used. This will be based on their view as to whether the paying parent is likely to pay or not. You can find more information about using the Child Maintenance Service on Gov.uk at https://www.gov.uk/child-maintenance.

If you would like to discuss the ways that parents can set up child maintenance in an impartial and confidential manner, you may wish to get in touch with Child Maintenance Options. Their contact details can be found on their website at http://www.cmoptions.org.

The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation.

Regards

William

Hi, my ex had decided if I dont pay more than what cm has said to pay, shed change it to collect and pay, jus so I have to pay the extra 20% to them. I pay on time, in full every month. Can she do this or is it just a threat that she cant do? Thanks for your help

No - as other's have said - this type of spiteful action is no longer possible under the new CMS rules. All cases are by default "direct pay" and collect and Pay is only used (if requested) when the paying parent has refused to pay/obstructed/not payed or refuses to deal with arrears, etc. In other words there has to be a genuine reason to use collect and pay - and it is not willy-nilly agreed to anymore.