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What Happens When the CSA/CMS Gets it Wrong?

By: Anna Martin - Updated: 12 Mar 2019 | comments*Discuss
 
Complaints Review Team Csa Child Support

As with any organisation that relies heavily on administrative resources, the Child Support Agency or Child Maintenance Service may, from time to time, cause parents to become frustrated, disappointed and annoyed. A parent with care may express concerns over the lateness of payment distribution or the lengthy application process, whereas the non resident parent may feel stressed at having to provide so much personal information. Understanding there are times when the CSA/CMS gets it wrong will help parents deal with resolution.

How To Complain About Service

The first thing a parent should do, if they are not satisfied with the level of service the CSA/CMS provides, is to contact them direct. Contact can be made by phone or in writing. Communicating in writing provides the parent with a visual record which can be presented at a later date if required. When writing a letter of complaint it is worth photocopying the original letter, if a PC document is not used and stored.

If CSA/CMS staff are unable to resolve the issue and a parent wishes to pursue the matter further, details of the individual’s case will be forwarded to the Complaints Resolution Team.

Taking A Complaint Further

Once a parent has received a response, to their complaint, from the Complaints Review Team they have the option to take the matter further by writing to the Independent Case Examiner. This service is free to all parents, although the Independent Case Examiner will only consider accepting a case if they are satisfied the complaint has been reviewed appropriately and according to strict guidelines. In order to use this service however, parents must contact the Independent Case Examiner within six months of receiving the Complaints Review Team’s response.

Appealing Against A Decision

If a parent feels a decision is unjust or unacceptable they must contact the CSA/CMS and ask them to explain their decision. Parents can also request a formal appeal. It is worth bearing in mind that any new decision that the CSA/CMS make may increase or decrease the amount of payable maintenance.

Whilst the decision is being examined, the original decision remains in force and all maintenance payments will be collected and distributed accordingly.

Are Parents Compensated?

A complaint may highlight a lengthy period of processing, incorrect information or even a serious mistake. This is formally known as maladministration, and if this occurs an apology is usually not enough. Some parents may have lost money through the Child Support Agency’s or Child Maintenence Service's negligence and will expect to be compensated for the inconvenience.

In cases where financial compensation is paid out this will be treated as part of handling the complaint. A parent, however, has no legal right to compensation and must wait to have their complaint assessed. The CSA/CMS decide this by using a set of rules that have been agreed by the HM Treasury and the National Audit Office.

In the financial year 2006/07 the CSA paid out around £3.5m in compensation to parents.

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So what a total waste of my time I have three kids whos dad won't pay the CSA were taking out of wages but not CMS told me if I don't take a payment plan then they open a PayPal account in my name ( did not know this was possible ) so had to do payment plan and then after 4 months he says wants a DNA test as a way getting out of paying takes three months to sort out without payment he starts to pay 100 less then meant went onto collect n pay had to wait for him to fail that to start to take out of wages and total 3800 arrears on account so I am now dealing with legal team inComplaints team to deal with loss of income and will take this to court.
Pringle - 12-Mar-19 @ 4:38 PM
I was posting my ex husband the one that beat me up and had been mentally abudung me for years through the Csa and than it changed to me paying into the mud bank accounts. Everything was goinguntil an arrears letter turns up saying i owe 2500.00. I asked the Csa to send me through calculations on this for the last year and had nothing. Now all of a sudden i get a cms letter saying my ex would like to start using them. I know why this is because of the so called arrears. I have asked the csa for a subject access request and an waiting for this through the post. I told the Cms that i was paying for the kids straight to their banks, they didn't even want to know and told me i had no choice and i would have to start paying through them. I call this bullying.
SO - 5-Mar-19 @ 2:02 PM
ihave always payed my child support i missed two month as my daughter turned 16not knowing if she has left school as i live a 1000 miles away any they dont contact me.The cms take off me 469 a month which includes errorsex has remarried and has 2 jobs a new house and 2 cars im in det and struggling to make ends meet cms dont want to help me
taff - 28-Feb-19 @ 8:16 PM
I to am struggling with the incompetence of the child maintenance service.I closed my case with them before they were to put me on collect and pay, despite not missing any payments.I later learned that they only closed my case after they had added it to collect and pay.They then have added charges on to charges for arrears they say were due on the closed case despite never missing a payment and paying what they said to pay.I managed to win against them trying to deduct from my earnings but the dispute still goes on, they have even decided that they have added more arrears and charges to a closed case which is with the appeals lot.To me it seems very unjust and illegal the way they behave.They certainly don’t like it when you quote the legislation that they are supposed to use, I have found most of the cms employees don’t know any of the legislation that they are supposed to use. I feel that if everyone who had an issue with the cms lobbied together we could fight the cons that are the cms.The government need to disband them.Now I still pay maintenance payments but when you can prove that you don’t have any arrears and then they keep adding fictitious charges on top to a fee that no honest person can pay what are you to do? I also find the way they speak to you on the phone is appalling, if I was to speak to a member of the public like that at my place of work, i’d Probably lose my job.
Beard - 24-Feb-19 @ 7:57 PM
In 1999 my bank manager told me I was getting Divorced, news to me !! One week later I received court, csa papers, in total shock I left , I gave her £160 a week for my 2 children , and had them as much as I could, broke my heart. In 2001 I had an accident and broke my leg , plates pins and off work, 8 months later I had a serious heart attack and spent 4 months in hospital, 2 years later I had a CSA assessment at my home,she was very pleasant and went through everything, she assured me I did not owe any money as I had not worked, About a week later a letter from CSA stating I owed £10,800 , called the number and explained about the visit, to be told by a very sarcastic git that " this is the accounts department, and we just collect he money"Brick Wall !!! Over the next 14 years I have been threatened with prison, loosing my driving license, had all my wages , except £58 taken, been to court twice, first time, nice lady asked if I was contesting the CSA and I explained why, off she went and came back to tell me the case was adjourned so she could prepare her case against me !!! Next case I didn't even get to speak, but all she said was , she wanted a section 13 ??Judge hadn't a clue , but after seeing paperwork, said sorry to me, and granted it , I didn't find out till much later that a section 13 is a deduction from earnings, I have asked many times, could they please tell me how they arrived at £10,800 and just check, if I'm wrong I would have payed, but I'm not wrong and they can go F^>$ themselves. 16 years of harassment , worry, stress, and ill health brought on by these spineless Brickwalls.
Cj - 20-Feb-19 @ 8:33 PM
The csm has done a wage arrangement on me and is taking £300pcm of me for a child that has not been proven is mine nor do I believe is mine as the mother was having relationships with two other men.The way the csm-csa work it out is disgusting and want me to pay a further £250 for a DNA test as well as just getting by one living. I'm glad to see that they have looked at the bigger part cture her rather than taking sides.Mother of four three different fathers and spends alweekend clubing. If I die I no what I'm coming back as.........
9005e - 15-Feb-19 @ 8:39 PM
After reading though the comment I feel wholeheartedly for anyone that is in despute with these out of control “above the law” idiots! My story. I was a six figure earner until 2013, unfortunately due to a condition I was born with at birth (tumours grow on my nervous system) got out of control, I had to give up work. Although my tax records state (£0.00) earned from 2013-2014 tax year the cms are adamant to keep on billing me on my last “full PAYE tax year” at roughly £18,400 per year, they were granted a liability order last July for the first round of funds they decided to pursue and are now pursuing another £37,000 plus change from me. I’m sure all that read this would agree with me that we would not short change our own children, however, we would expect not to pay money we do not earn from a government agency going rouge and making up rules as they see fit. I feel as though my situation is unique to me, but I know this is not the case. Any money I have ever owed I have honoured and paid back, however, when you are being billed on fictitious sums you have not earned for five years, it really does grate you. I intended to take the CMS to court and I do not expect to win, but, I will ensure I’m heard. And hopefully I can do enough to nip the current rate of accrual in the bud. I do genuinely believe that getting a ruling of actual earning passed through the courts is the only way to get the to accept my earnings, as they are not accepting hmrc data, let’s face it if hmrc thought I owed the they would be chasing me hard. If the cms are adamant I need to pay money I have never earned then I will cost them money and drag them through the legal system as hard as they have done with me, like them I won’t back down and I won’t go away. Albeit I’m not cash rich like I once was, I am time rich and will make use of every passing minuet to endure a waste of their resources at least then I will feel like I’m getting value for money for payment wrongs claimed. They are a discussing law unto themselves unregulated sector of the government that need to be under review for their actions and face consequences for wrongful actions they have/are/will take in the future.
CSAREDICULOUS - 8-Feb-19 @ 1:07 AM
After reading though the comment I feel wholeheartedly for anyone that is in despute with these out of control “above the law” idiots! My story. I was a six figure earner until 2013, unfortunately due to a condition I was born with at birth (tumours grow on my nervous system) got out of control, I had to give up work. Although my tax records state (£0.00) earned from 2013-2014 tax year the cms are adamant to keep on billing me on my last “full PAYE tax year” at roughly £18,400 per year, they were granted a liability order last July for the first round of funds they decided to pursue and are now pursuing another £37,000 plus change from me. I’m sure all that read this would agree with me that we would not short change our own children, however, we would expect not to pay money we do not earn from a government agency going rouge and making up rules as they see fit. I feel as though my situation is unique to me, but I know this is not the case. Any money I have ever owed I have honoured and paid back, however, when you are being billed on fictitious sums you have not earned for five years, it really does grate you. I intended to take the CMS to court and I do not expect to win, but, I will ensure I’m heard. And hopefully I can do enough to nip the current rate of accrual in the bud. I do genuinely believe that getting a ruling of actual earning passed through the courts is the only way to get the to accept my earnings, as they are not accepting hmrc data, let’s face it if hmrc thought I owed the they would be chasing me hard. If the cms are adamant I need to pay money I have never earned then I will cost them money and drag them through the legal system as hard as they have done with me, like them I won’t back down and I won’t go away. Albeit I’m not cash rich like I once was, I am time rich and will make use of every passing minuet to endure a waste of their resources at least then I will feel like I’m getting value for money for payment wrongs claimed. They are a discussing law unto themselves unregulated sector of the government that need to be under review for their actions and face consequences for wrongful actions they have/are/will take in the future.
CSAREDICULOUS - 8-Feb-19 @ 1:07 AM
Im in the sane boat as everyone else's and cant find a solution has Anyone ever won a case against csa and does anyone have a contact number i could use for help.
Peetah - 4-Feb-19 @ 5:51 AM
They served a DEO at the beginning of January. I've been exchanging calls for six months and information through the portal since December. I have provided evidence that substantiates my position. Because child benefit is being claimed, albeit fraudulently (which it seems is irrelevant) then maintenance must be paid, their investigation into my case was to ask the child benefit office is child benefit being claimed, answer - yes, therefore I must pay, my answer - no. I even sent them HM Revenue and Customs document "Child Benefit for young people aged 16 or over" on what a "Qualifying Young Person" definition is, nowhere does it mention a 18 year old sitting at home playing Xbox every day qualifies. Even the fact I reported the benefit fraud to the national benefit fraud office didn't sway them in anyway. This letter dated 12 January 2019 says I have 28 days to appeal their decision in the magistrates court, I have started this process and informed them, but, as I found out yesterday they still took the money from my employer. Although I have informed them of all the changes in circumstance that effect my case, which I am legally bound to do under Child Support Law it got me know where. I even challenged them to prosecute me for providing false information as they must believe I've done. They are an organisation that takes no responsibility and are not held accountable for the distress and upset they create which wrecks people's lives, and I'm sure leads many to depression and worse.
P - 30-Jan-19 @ 1:07 PM
Bunch of imbecile (the lot of them) at CMS. My daughter lives with my ex husband and I used to pay him by cheque. However, the cms insist that I am in arrears and deduct nearly half of my wages. My case is being looked at by the ICE, although it can take up to a year for it to be concluded. I am beginning to lose hope. I just want justice to be served.
Nicki - 25-Jan-19 @ 11:13 PM
I have been getting deo deduction from my wages for months n have just found out wot a deo deduction is. I'm Mum to 3 kids who live at home with me and there dad so why I'm I getting this money deducted??
Ep - 18-Jan-19 @ 1:10 AM
My son has had his payements worked out on a wage that is3500 more than he earns has disputed this but has been told it will be reviewed in May 5 months away .in the mean time he is being told he owes arrearshow can it be arrears when he is being overcharged. This has taken the cmnearly 10 monthsand they have still not sorted it .in the mean time my son is strugglingto pay the rent and bills while his ex is spendingmoney like it's going out of fashion
Sue - 10-Jan-19 @ 9:32 AM
Some years ago the CSA/CSM took approximately 18 months to assess that I owed £1800.00 in arrears due to salary changes. I notified them that I would pay my ex directly through bank transfer in addition to her routine monthly payments. I also said as it took them 18 months to come to this figure I would spread the balance between the remaining payments due until my son reached 18. This method of payment continued until my son started full time employment when I made a final payment to finish the outstanding arrears. My son told me the CMS had written to his mum asking if the arrears had been settled, she told him that they were still owed even though my son knew and had seen the statements proving they were in fact paid.I then took it on myself to provide the bank statements and a spread sheet detailing all child supports made to my ex. She has refused to respond to the CMS to acknowledge nor deny receipt of the payments despite them making multiple efforts to contact her. Today, the CMS told me that even though I have provided the payment evidence, unless she acknowledges the payments, they cannot close the account. How can this be legal? If someone was to be charged with fraud, then the bank statements would be used as evidence, so why is it that bank referenced statements cannot be used as proof of payment? I am also puzzled at how the onus of proof should fall on the paying partner, surely in cases like this the receiving parent should have to prove they have not received the payment, otherwise the CMS should cancel the case. The legal aspects of enforcement should, and I believe there is a need for it, be consistent with both criminal and to a lesser degree civil law. As it stands it is unfair to both sets of parent. Im unsure what I will need to do to have this case closed at this stage.
Rob - 4-Jan-19 @ 5:25 PM
Some years ago the CSA/CSM took approximately 18 months to assess that I owed £1800.00 in arrears due to salary changes. I notified them that I would pay my ex directly through bank transfer in addition to her routine monthly payments. I also said as it took them 18 months to come to this figure I would spread the balance between the remaining payments due until my son reached 18. This method of payment continued until my son started full time employment when I made a final payment to finish the outstanding arrears. My son told me the CMS had written to his mum asking if the arrears had been settled, she told him that they were still owed even though my son knew and had seen the statements proving they were in fact paid.I then took it on myself to provide the bank statements and a spread sheet detailing all child supports made to my ex. She has refused to respond to the CMS to acknowledge nor deny receipt of the payments despite them making multiple efforts to contact her. Today, the CMS told me that even though I have provided the payment evidence, unless she acknowledges the payments, they cannot close the account. How can this be legal? If someone was to be charged with fraud, then the bank statements would be used as evidence, so why is it that bank referenced statements cannot be used as proof of payment? I am also puzzled at how the onus of proof should fall on the paying partner, surely in cases like this the receiving parent should have to prove they have not received the payment, otherwise the CMS should cancel the case. The legal aspects of enforcement should, and I believe there is a need for it, be consistent with both criminal and to a lesser degree civil law. As it stands it is unfair to both sets of parent. Im unsure what I will need to do to have this case closed at this stage.
Rob - 4-Jan-19 @ 12:53 PM
Some years ago the CSA/CSM took approximately 18 months to assess that I owed £1800.00 in arrears due to salary changes. I notified them that I would pay my ex directly through bank transfer in addition to her routine monthly payments. I also said as it took them 18 months to come to this figure I would spread the balance between the remaining payments due until my son reached 18. This method of payment continued until my son started full time employment when I made a final payment to finish the outstanding arrears. My son told me the CMS had written to his mum asking if the arrears had been settled, she told him that they were still owed even though my son knew and had seen the statements proving they were in fact paid.I then took it on myself to provide the bank statements and a spread sheet detailing all child supports made to my ex. She has refused to respond to the CMS to acknowledge nor deny receipt of the payments despite them making multiple efforts to contact her. Today, the CMS told me that even though I have provided the payment evidence, unless she acknowledges the payments, they cannot close the account. How can this be legal? If someone was to be charged with fraud, then the bank statements would be used as evidence, so why is it that bank referenced statements cannot be used as proof of payment? I am also puzzled at how the onus of proof should fall on the paying partner, surely in cases like this the receiving parent should have to prove they have not received the payment, otherwise the CMS should cancel the case. The legal aspects of enforcement should, and I believe there is a need for it, be consistent with both criminal and to a lesser degree civil law. As it stands it is unfair to both sets of parent. Im unsure what I will need to do to have this case closed at this stage.
Rob - 4-Jan-19 @ 11:36 AM
This ridiculous company worked out my payments from last year's earnings which was £6,000 more than this year that's a huge gap they want me to pull out of thin air to giveto my wife. Then they calculated before tax so after tax there's a 25% gap they want you to pull out of thin air. I told them I could not afford the £400 a month they said I had to pay I asked could they do a fair assessment based on my human rights of my outgoings I also told them I give my children money every single week but not that much as they are telling me to give now I told them I could not afford to continue going to work because of my outgoings if they pressed on. I appealed and they gave me back the same answer. So I have had to leave my job making it worse for me and my children just before Christmas This is institutionalized gender discrimination my wife is entitled to earn £1,800 a month and receive maximum benefits bringing the total to 3200 month I did earn £1500 pm and I am entitled to no benifits. How is that right? The state becomes the husband and father in this respect. It's institutionalized discrimination against men because the law is on the side of the woman in the family courts as a starting point and they can just say any old lie to the police and have you arrested and then the child maintenance service is all in their favour I asked four members of staff that I spoke to from there how many women they had taken money from for childcare and they said none. This is disgraceful and you have women here commenting on their husbands not giving money in a timely fashion when they are receiving all kinds of benefits as well as wages if they are working they are a disgrace. If the government did not help as much they would not be so high and Mighty and would start to cooperate with their partners. Can I sue the child maintenance service for breaching my human rights have a right to live a life?
Nickr12 - 19-Dec-18 @ 2:37 PM
This ridiculous company worked out my payments from last year's earnings which was £6,000 more than this year that's a huge gap they want me to pull out of thin air to giveto my wife. Then they calculated before tax so after tax there's a 25% gap they want you to pull out of thin air. I told them I could not afford the £400 a month they said I had to pay I asked could they do a fair assessment based on my human rights of my outgoings I also told them I give my children money every single week but not that much as they are telling me to give now I told them I could not afford to continue going to work because of my outgoings if they pressed on. I appealed and they gave me back the same answer. So I have had to leave my job making it worse for me and my children just before Christmas This is institutionalized gender discrimination my wife is entitled to earn £1,800 a month and receive maximum benefits bringing the total to 3200 month I did earn £1500 pm and I am entitled to no benifits. How is that right? The state becomes the husband and father in this respect. It's institutionalized discrimination against men because the law is on the side of the woman in the family courts as a starting point and they can just say any old lie to the police and have you arrested and then the child maintenance service is all in their favour I asked four members of staff that I spoke to from there how many women they had taken money from for childcare and they said none. This is disgraceful and you have women here commenting on their husbands not giving money in a timely fashion when they are receiving all kinds of benefits as well as wages if they are working they are a disgrace. If the government did not help as much they would not be so high and Mighty and would start to cooperate with their partners. Can I sue the child maintenance service for breaching my human rights have a right to live a life?
Nickr12 - 19-Dec-18 @ 2:34 PM
The cms are shockingly bad! Since September they have not been passing payments onto me due to my ex work apparently. Every time I call up I get a different excuse and I still haven’t had the money my son is due! I have complained to be told the same crap again! Beyond useless avoid using them if you can!!
Jb - 13-Dec-18 @ 10:11 AM
My ex hasn’t paid regular payments since January.I have been told on numerous occasions this year Iam going to collect & pay system.Never happens.My yearly review was May.They say he never got this letter as mail merge didn’t work and letter was returned to them, not once but twice.2 members of staff did nothing about this and after raising a complaint due to time scale I have been told ‘action has been taken against them’. This error was not discovered until November and now my ex has appealed their figures and Iam now looking at less than half of what my maintenance was due to him going self employed and of course cash in hand.They are now saying my payments will be backdated to the lower amount from My review date in May.They have given me £50 compensation for their error.But this is not enough in my eyes!They never fully chased my ex or took action against him from jan - nov.Just let him get away with out paying - yes he didn’t get letter in May but he happened to contact them in early June and said his wages have changed but no one followed this up and he’s been given so much time already. Anyone else came across this?? My complaint is now closed but £50 in my eyes is not enough, the time, stress and fincinal uncertainly I have faced this year because of their incompetence is foeful.I was expecting the guts of £4K arrears now it’s like £2k because of their misadministration.
Geegee - 7-Dec-18 @ 11:54 PM
My ex has moved to Australia (again) but has not told anyone.I have provided evidence to support the fact and am waiting for a response from CMS to my question of liability. There is no reciprocal agreement with Australia and as there is no liability for Child Benefit, because she has moved to a Country that isnt in the scheme, I submit that I no longer have any liability for maintenance. She left me financially ruined before so she has had more than her fair share. Last time she went, she had someone replying to her mail to suggest she was still in the UK.It was only when her ex husband in Australia contacted me to tell me she was back in the UK and had bankrupted him, that I knew for certain.She moved in to a house just down the road from me and my new family - apparently the Council put her there due to domestic abuse.After almost a year of harassment and attempted marriage wrecking, she has gone again. I wait for a decision.
Dave T - 9-Nov-18 @ 10:52 AM
In a true democracy, NO ONE should be immune from the law. It is appauling that this inept organisation has legal immunity. That is exactly WHY they are so phenomenally inept.I have dealt with them for 7 years now and they still have not managed to bring justice for my childern. They have let the children down very badly and there is NOTHING the law can do to address this, because CMS is immune from our democratic system.
Charrie - 9-Nov-18 @ 3:39 AM
Dreadful organisarion.I have struggled with CSA and now CMS for over 7 years and they have been USELESS from start to end. Series of serious errors and incompenetncies. And they are immune from the law??!That is exactly why they exploit the system.
Charrie - 9-Nov-18 @ 3:33 AM
One thing I have learnt with the CMS is that their is no protection for fathers who do pay. My ex told them she has not had a penny from me since April 2017 which is false , I pay for my child happily. I pay into her bank every month and by claiming that she has not is in my eyes is fraud which the CMS are quite happy to help and support her in doing . She got the CMS involved after she lost a argument with me over OUR son and stated I had not paid . And started a order on me for collection of money which I've already paid . To the CMS service the reciprocant of child support can just call up and make false accusations against the paying parent and show no evidence of none payment . I've shown paper work to the CMS regarding my earnings and the CMS just seem to make up they own numbers . I've been charged for collection fees totaling over £600 for money I paid derict in to my ex's bank . If I knew any better the CMS entice people to make false claims against paying parents so they can claim collection fees and late payment fees . Another thing I will add is the constant threat of imprisonment which the CMS do not have the rights are power to do only a County Court can not a civil court which deals in these type of cases so for any father or mother paying child support for they children do not be intimidated by this threat . The CMS was supposed to be better than the CSA . The CMS are the same has the CSA just rebranded and profit driven
wortez - 24-Oct-18 @ 4:17 PM
Oh, and I have been kept out of my childrens lives for about 3 years
Jiae - 19-Oct-18 @ 6:25 PM
I have been dealing with all sorts of issues from the cms for over 6 years butThe worst of it has been in the past year as I have called up everytime I have had a change of circumstances and it has not been noted on the system so I have apparently built up a lot of arreas even though I have paid every month for 8 years now (this is not my fault). The service isshocking. I must of spoken to 100 different people sayingthe same thing and not getting anywhere. My partner knows people at her work place are on alot more money per week than I am yet I'm paying double if not triple the amount in some cases. Not only that butI have just started working self employed as I can not seem to hold a job down with the amount of stress I get from the x partner and the cms making up amounts I have to pay. so I am working self employed and I told the cms this and they asked me to get an accountant to do a projection of earnings...so I did this (which cost me 400 pound) and once received my partner worked it all out and my payments should be 136.96 a month yet cms are saying I have to pay 267 pound which is wrong but they have not done anything about it apart from cause more trouble than I already get with my ex partner by telling her she's expecting more money off me so obviously she's getting her back up and messaging me with horrible messages and stopping me from seeing my child. I don't no what to do!!! All I know is that the cms really need to deal with cases differently...if I didn't work out that I was over paying what would change apart from me over paying....nothing is the answer because everyone is happy with the situation...ex partner is getting lots of money she shouldn't be and the cms dont get any complaints and there's me getting it from all angles....i bet alot more people are also over paying bit just don't take the time to check for themselves...they just pay because the service should be reliable but it's really not guys. I know money isn't an object when it comes to your children but you want to pay what's right...Why should your ex partner be given more money than she needs....so she can get her nails done and drive fancy cars when she doesn't even work a day in her life.
Ross - 15-Oct-18 @ 8:41 PM
Just like some advicei started claiming maintenance from my ex for our 2 children December 2016.even though he left 2012. I have had my payments dropped significantly as my ex paid the mortgage from December 2016 to January 2018 when I moved out . I was advisedprior to getting maintenance by my barrister and solicitor to inform the CSA that my ex was paying mortgage .I did so . Now they have backed dated his claim as a special expense for himpaying the mortgage my payments have dropped from £105 pw to £22pw tgey did not calculate it correctly at the time. I see this no fault of my own knowing they accepted they made the mistake and did nt take the mortgage in to account in 2016.there is the recordings and paper work too prove this .no fault of my own or my children that they should suffer the negligence of the CSA. My ex is a company director and does nt put through the inland revenue his actual income.i have bank statements to show he's on quite a high wage as we was in court last September and have the proof in way of statements .so he s defrauding the inland revenue and the CSA most of all deorivung his chikdren of a life. Do I continue to appeal or take this to the courts. Any advice would be grateful. Thank you
Bap1 - 2-Oct-18 @ 12:17 PM
@CM - Shocking - I feel for you loads. If you think your ex did it deliberately and knew all along then you'd have to take it through the courts and sue your ex for deceit. There are cases of fathers who have sued their ex's successfully. Proving it is the difficult thing though.
GreG - 4-Sep-18 @ 2:43 PM
@Doogle -If the other parent was on benefits then you should have been paying the state, not your ex (which you would have been informed of at the time as payments went to the state not to the parent). So, if you can prove that you were paying your ex directly through bank statements, then it will be your ex who will be liable for the debt to the state. Unfortunately, that's the tricky part - it sounds like one of you (either you or your ex)will be culpable for the amount.
JackV - 3-Sep-18 @ 10:29 AM
I had a case with the CSA which closed in 2014. I was told there were no arrears. In June 2017 I received from the CMS a bill for nearly £4k dating from 1995-1999. They say I owe this to the state as my ex was on benefits between those years. I have asked for proof of this which they have said they don't have time to look into. I told them I paid my ex direct. Their response show us Bank statements. I cant do this as that Bank account was closed in 98. I have tried the ICE and also asked for a tribunal so far the tribunal has been denied. I have been to my MP and nothing. I have shown them a letter from a Senior investigating officer showing any arrears were paid. I was told by the CMS this was a computer error. The CMS also told me the CSA have to look into my case, the CSA say its up to the CMS to do it. Now 20 years later they are doing a DEO of over £300 a month. Oh and my ex admitted I paid her.
Doogle - 2-Sep-18 @ 6:14 AM
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