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My ex won't agree to direct pay and I don't know how I'm going to find the extra 20% charges on top of maintenance payments ! Why should I have to? I've never missed a payment in 8 years, she is getting away with paying a measly 4% shouldn't this be the other way around?
Hi there
I'm pretty sure that if you haven't been in arrears then you are entitled to go onto direct pay. Contact the CMS and discuss it with them, if they won't listen there is an appeals process and a complaints procedure, you can find links to these in the stickys at the top of the Child Maintenance section here.
Good luck
Hi thanks for getting back to me, I've never been in arrears and I have contacted CMS but they insist I have to pay 20% because my ex won't cooperate with direct pay. Will try the complaints procedure many thanks
Once one person wants to use the "Collect and Pay" service, that also can set the ball rolling unfortunately. It's crazy, the receiving parent is charged 4% but the paying parent is slapped with a 20% charge, usually the Father!
Definitely go through the complaints procedure and put everything in writing to the CMS - there is no way you should be paying the charge unless you are in arrears and her not accepting the arrangements is not your fault.
I agree with actd, here's a link to some info from the Child Maintenance Options website. If you haven't been in arrears then you shouldn't be stopped from using Direct Pay.
If you have a statutory child maintenance arrangement then the statutory child maintenance service will always calculate a child maintenance amount. But, if you want to manage your payments yourself, the paying parent can make payments directly to the receiving parent. This is called “Direct Pay” in the Child Maintenance Service and "Maintenance Direct" in the Child Support Agency.
If you use Direct Pay or Maintenance Direct, it’s up to you to agree with the other parent how and when money is paid.
Even though you manage the payments yourself through Direct Pay or Maintenance Direct, you should keep a record and receipts for your payments, in case there are any problems in the future.
The main difference between a Maintenance Direct or Direct Pay arrangement and a family-based arrangement is that the statutory child maintenance service decides on the amount – and this means it’s legally binding. If the paying parent doesn’t keep up with payments the receiving parent can ask the service managing their case to take enforcement action.
There are fees and charges for using the Child Maintenance Service but there are no collection fees for parents who pay or receive child maintenance using its Direct Pay service. There are no fees or charges for using the Child Support Agency.
In the Child Maintenance Service, either parent can ask to move to Direct Pay.
Paying parents may not be able to choose Direct Pay if the Child Maintenance Service has a reason to believe they would be unlikely to pay using Direct Pay. If the paying parent misses any payments (or doesn’t make them in full), the Child Maintenance Service can move the case to Collect & Pay and take action to enforce the payments if the receiving parent asks them to. Both parents would have to pay collection fees, and the paying parent may have to pay enforcement charges.
Both parents must agree to use Direct Pay in Child Support Agency cases.
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