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Despite always having had my children for 50% of the time the CMS is pursuing me for £4000 because my ex wife was in receipt of Child Benefit. I was told for years by the CSA that you could not split child benefit and therefore she would automatically get it. This was untrue and when I realised this I applied for it and was awarded the lions share of the child benefit. Despite this the CMS are attempting to seize assets. I have a meeting with my MP and them tomorrow but they are adamant they are going to pursue me. Everything I have read states that in genuine cases of 50/50 residency no child maintenance is due. The CMS refuse to confirm this is the case and the CSA refused to negate the claim prior to the CMS becoming involved. Does anyone have any information I might find useful for tomorrow. Incidentally I am in Scotland but I am sure the core legislation applies nationally.
Many thanks.
Gordon
Hi there
Sorry for the delay in responding, how did your meeting go?
I believe the 50/50 no maintenance rule is applied as special circumstances. I think we have some info about this in one of the stickys at the top of the child maintenance section. I’ll go have a look and link it for you.
I think there are differences between the CMS in Scotland and England, I don’t know about core legislation so can’t comment.
All the best
Here is the link to the Child Support Maintenance Calculation Regulations 2012
http://www.legislation.gov.uk/uksi/2012/2677/pdfs/uksi_20122677_301114_en.pdf
Thank you so much for getting back.
The meeting went better than expected. Initially we were met with a stone wall of defiance from the CMS senior manager and case worker however when I pointed out that section 69 stated that I should not be liable to pay maintenance, the CAB had stated the same and that the same approach seemed to have been adopted in N. Ireland and England they reverted to saying that my ex wifes opinion would be taken over mine as to whether mine was genuinely a 50/50 scenario. When I told them I could prove it was the case again they said they would take her word as she had stated that whilst I had a court order stipulating the residence it was not being adhered to. I told them my solicitor could verify it had been adhered to as could letters from her solicitor which I would copy to them. I also pointed out that the legislative guidance had been modified to take the onus off who had recieved child benefit to that of ensiring tge CMS had to consider the court order regardless of whether it was being adhered to or not. At this point I did recieve an acknowledgement to a degree and they stated that further Sheriff Officer action would be halted until they had recieved a response from me and my solicitor. My MP is absolutely astounded that the CMS are willing to apparently overlook a legally binding court order and supplementary corroborating evidence on the back of inaccurate statements made by my ex wife purely because she was the one who made the claim.
I was threatened with a potential prison sentence and having my driving license taken away but stood my ground as I will from now on as I will eventually win this as I am one of the good guys who ruined himself financially to protect his children and has always had them in his care whilst providing for them at all times. I will keep you informed of future developments in the hope that it may help others in the future. Many thanks and kind regards. Gordon
Excellent work! Thanks for the update Gordon and well done for standing your ground, you have right on your side.
I think it’s just too easy for them to take this inflexible stance, most people don’t have the wherewithal to stand up to them... some MPs aren’t as supportive, so it’s really encouraging to hear real stories about fighting back and being successful.
All the best
That is extremely useful to a lot of dads potentially - well done for that result.
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