[Solved] Bankruptcy and Child Maintenance

I presume this is by private agreement - perhaps your best shot is to go to the CMS to open a case - that way you have evidence that you are trying to pay.

Alternatively, can you take yourself off the joint account so it then just stays in your wife's name - that way it might not need to be frozen.

Yes private arrangement, didn't want to go down CMS route because of the charges they make which I totally disagree with, I was advised that because all of debts are joint ones and my wife refuses to discuss them our accounts would be frozen until an outcome is reached. I was going to get a payment book and take Maintenance payments to her solicitors each month but her solicitor has refused that, he's a right pain in the [censored], has blocked everything I have tried to put in place, separation agreement, parenting plan and mediation, getting into my wife's head that her best option is to fight me in court, wife and I started taking 2 weeks ago then she saw him last week and ive heard nothing from her since.

If you go the CMS route, the only payment you should make is the £20 initial fee, and then you go onto direct pay which costs nothing as you pay direct to your ex - I don't know what happens if she refuses to give bank details, but I can't see you'd be penalised and you have proof for the court that you are paying maintenance.

Hi actd, yep you pay a fee of £20 to set up arrangement with CMS, as of August the person paying the fee is also charged 20% per payment on top of what they pay and the person receiving the payment has 4% taken off the payment, for every £100 CMS get £24, disgusting, it cannot cost that much arrange to make a money transfer by them, have sent a letter to my MP asking for justification of this.

I always thought the collect and pay service was only if payments aren't made on time and wouldn't come into effect unless that was the case. I'm sure Ive read this...I'll look for it.

..it seems the government have been liaising with banks and building societies to allow paying parents to set up an arrangement to pay without revealing the recipients details, bank account numbers. Here a link

http://www.dad.info/child-maintenance/the-child-maintenance-service

Hi Mojo, you can use CMS to work out payments, then set up standing order between each other, this is direct payments, no charge for this, if you carnt agree to this CMS will set up collection, for this they make the charge of 24% from payer and 4% from receiver, the problem I have if I go bankrupt our accounts will be frozen and wife is refusing to give me details of her own account, think what i'm going to do is, we have first hearing at court in 3 weeks time will ask court to put in place arrangements, don't know if the court can do this, wife doesn't do anything unless she is confronted with it, which is really frustrating because she will then agree to it.

Child maintenance and applying for a child arrangement order are two completely different issues and the family court do not rule on maintenance this is something you have to sort between yourselves or use CMS mate.

Hi Greyling,

I have looked in to this. I had a similair problem earlier on in the year. Did you speak to cit advice about bankruptcy? There are other alternative ways to sort your finances out. I ended up with a I.V,A. Dont use the telephone numbers you find online, Reason being they take so much of every pound you pay. Even bankrupcty you still have to make a payment every month.

If I am correct. If you go bankrupt with a joint account. Your ex will also have some of the finance obligations and she may also have to go bankrupt. So it is in her interest to get out of it. You could try that approach with her.

If you open a case with the CMS and explain she will not give you her bank details to pay her. They can make her give them to you. You will not have to pay the extra if you have been making reg payments and put it in the bank as Child maintenance as a record. Then you can show you have and are willing to make reg payments. The CMS will only do collection if you dont make payments. Not if she refuses to give you bank details.

Other option is give her the cash but you want a written reciept by her. Then you can use this in court or for however you sort your finances out

Like I say speak to cit advice. No matterwhat happens. All the money you pay will go to collectors and you may find other ways out. Like say I did IVA I know peoaple that have been paying. £1 off each dept and they arranged this with interest froozen, Dont get me wrong take them 15 years topay it off but, saves bankrupcy. Depends on your situation. I want a house one day. Do Didnt do the bankrupcy route.

Hope this is helpful

Colin

Hi Greyling - I'd have a word with the CMS directly and see what happens if she refuses to give you bank details - I think the penalty charge is more if you aren't paying, than because your ex is being deliberately obstructive. You could also point out to your ex that she will receive less if she doesn't provide details because she will be charged also.

Hi,
On no account would I pay cash-in-hand. Even with a receipt.

Pay by some independently identifiable means.
If she refuses to give you payment details, then use the CMS calculator to workout what you should pay, setup a separate account in the name of your kids, and pay into this account.

That way WHEN (cause believe me it will come to that) she opens a claim with the CMS and says that you have been refusing to pay, you can backpay what you owe if required to do so.

Don't pay cash-in-hand. This site is crawling with stories of ex's suddenly claiming for backpay via the CSA/CMS despite having received cash-in-hand payment for years.