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When is a case clas...
 
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When is a case classed as open?


Posts: 8
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(@lm0804)
Active Member
Joined: 2 years ago

Hi,

Say if somebody contacts the CMS, will the case not actually be opened unless enough detail is given to contact the NRP. For example, if you don’t know the father’s name or address but you contact the CMS will the case be classed as opened even though there isn’t enough details. 

Im asking this due to the confusing wording I found here on the government website: 

“If the contact details for the paying parent aren’t known, CMS will try to find them - but if it can’t, the Child Maintenance application will stop.” - this makes it seem like the case will be opened even if there is missing details, is this the case even if the name isn’t know as well? 

 

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Posts: 5482
(@dadmod2)
Illustrious Member
Joined: 6 years ago

hi,

CMS would need to know paying parents name and address at minimum, so they can write to them and make them aware about the case. It is up to them, they may close case if they can't locate parent, or may keep it open and keep trying to locate.

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(@lm0804)
Joined: 2 years ago

Active Member
Posts: 8

@bill337 Okay thanks, so when would arrears start to build up if they kept the case open. Would it only be from when they made the paying parent aware of the case?

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(@dadmod2)
Joined: 6 years ago

Illustrious Member
Posts: 5482

@lm0804 arrears can build up from date Cms case was opened, e.g if paying parent has not been making monthly payments.

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(@lm0804)
Joined: 2 years ago

Active Member
Posts: 8

@bill337 Sorry I’m a bit confused, from what I’ve read I have seen that you are only liable for Child Maintenance from the first point the CMS made you aware that a claim for Child Maintenance had been made against you? 

would arrears still build up if receiving parent applied but had very little info on the NRP, and CMS had not attempted to contact yet due to unknown location, etc. And this led to years passing before the NRP was made aware? 

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(@dadmod2)
Joined: 6 years ago

Illustrious Member
Posts: 5482

@lm0804 am not sure, you can contact cms if your unsure - 0800 171 2345

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(@lm0804)
Joined: 2 years ago

Active Member
Posts: 8

@bill337 That’s great don’t worry, I’m not even asking for myself so it’s not a big deal, I had read this elsewhere from a CMS consultant so I think this sort of answers it. 

“If a future application was made with the Child Maintenance Service, your child’s father’s responsibility to pay would start from around the point that he is contacted by them and not from when you first made your application.”

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