Home > Child Support & Family > What Happens When the CSA/CMS Gets it Wrong?

What Happens When the CSA/CMS Gets it Wrong?

By: Anna Martin - Updated: 5 Dec 2017 | 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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Lee - Your Question:
Hi, I pay for 2 children direct into her bank account and not through CMS but on the 28th July 2017 I received a letter from CMS saying that arrears of just over £14500 were being write off! If I wanted to appeal this, then I should let them know! As it was the first id even heard of any kind of arrears, I thought well thats lucky its getting wrote off because i’ve not missed a payment so clearly a mistake. Then I received another letter 13/9/17 saying we wrote to you about writing off the arrears and we have not had any appeal from yourself or from the mother, we have now removed these arrears from our system, they can not be reaplied and you dont have the right to appeal! So that should be the end of it! But no! On the 20/9/17 I had a letter saying this is how much you have to pay each month with extra for the £14500 arrears! Also my son is 19 now and not in full time education so I'm not By law even having to pay but they still add it up like I do! So I called them and all I was told is that I have to pay it because the mother called them after the letter on sep 13th saying she didn't say she didn't want to collect the arrears! I said but I dont owe any and even if I did owe this made up amount! You have sent me a letter saying I dont owe it and its been wiped off your system, can’t be reaplied and we can’t appel it! Also she had 7 weeks between the first letter and the second letter. She saw the anount and clearly thought it was free money that she could get! Realy stressed myself and my wife about it all and it Has not stopped there! After all my letters to them with evidence that I dont owe the money along with there own letters sent back to them stating I dont owe the arrears, they just ignored the letters and kept sending me demands for the arrears, I sent letters to the complates but they say untill I get something back from CMS they cant deal with it! Then nov 2017 I got a demand for £-10 to bring my account upto date?? And then my own wife got a letter off them saying I owed her the exact same amount down to the penny in arrears and the names and dob of both our kids on the letter? She called them going mad and they said at first yes thats right but then after my wife telling them how incompetent they are, they said it was sent by mistake? They have now put an attachment onto my earnings at work for almost £400 a month starting Jan 2018 talked to them yesterday and recorded the call, the guy I talked to said he doesn't understand how the case worker hasn't sorted this mess out when I have a legal letter saying I no longer owe anything But its down to the case worker! I truly feel like i’m fighting a loosing battle.

Our Response:
Your only recourse would be to complain, please see gov.uk link here. Unfortunately, we cannot comment on individual cases.
ChildSupportLaws - 7-Dec-17 @ 12:29 PM
Hi, i pay for 2 children direct into her bank account and not through CMS but on the 28th July 2017 i received a letter from CMS saying that arrears of just over £14500 were being write off! If i wanted to appeal this, then i should let them know! As it was the first id even heard of any kind of arrears, i thought well thats lucky its getting wrote off because i’ve not missed a payment so clearly a mistake. Then i received another letter 13/9/17 saying we wrote to you about writing off the arrears and we have not had any appeal from yourself or from the mother, we have now removed these arrears from our system, they can not be reaplied and you dont have the right to appeal! So that should be the end of it! But no! On the 20/9/17 i had a letter saying this is how much you have to pay each month with extra for the £14500 arrears! Also my son is 19 now and not in full time education so I'm not By law even having to pay but they still add it up like i do! So i called them and all i was told is that i have to pay it because the mother called them after the letter on sep 13th saying she didn't say she didn't want to collect the arrears! I said but i dont owe any and even if i did owe this made up amount! You have sent me a letter saying i dont owe it and its been wiped off your system, can’t be reaplied and we can’t appel it! Also she had 7 weeks between the first letter and the second letter. She saw the anount and clearly thought it was free money that she could get! Realy stressed myself and my wife about it all and it Has not stopped there! After all my letters to them with evidence that i dont owe the money along with there own letters sent back to them stating i dont owe the arrears, they just ignored the letters and kept sending me demands for the arrears, i sent letters to the complates but they say untill i get something back from CMS they cant deal with it! Then nov 2017 i got a demand for £-10 to bring my account upto date?? And then my own wife got a letter off them saying i owed her the exact same amount down to the penny in arrears and the names and dob of both our kids on the letter? She called them going mad and they said at first yes thats right but then after my wife telling them how incompetent they are, they said it was sent by mistake? They have now put an attachment onto my earnings at work for almost £400 a month starting Jan 2018 talked to them yesterday and recorded the call, the guy i talked to said he doesn't understand how the case worker hasn't sorted this mess out when i have a legal letter saying i no longer owe anything But its down to the case worker! i truly feel like i’m fighting a loosing battle.
Lee - 5-Dec-17 @ 7:46 PM
Nev - Your Question:
I have been paying maintenance via the csa for years. Now that the csa is closing we have opted to settle the last couple of years between us. What is surprising is the amount I now pay using the csa calculator is over £100 less than I was paying. When I enquired about this I was informed that because I started paying under the original system there has been at least two changes, effectively to make it fairer for the paying parent. Considering I have had six children with two women the cost to myself have been considerable. Is there anyway I can claim this back from the csa? To say that I have struggled financially for over 20 years is an understatement.

Our Response:
You would have to complain via the gov.uk link here .
ChildSupportLaws - 5-Dec-17 @ 9:36 AM
hammad - Your Question:
Hi I am urgently in need of your help.I have just been approached by Child Maintenance in relation to a claim made by my ex against my two children who are currently 7 years of age.She has been in the UK for nearly five years.I separated from her few months later she arrived as she admitted sleeping with a man when we were trying for a child.In one of her explicit messages she shared with that person she clearly states that these kids could be not be my husbands and could be yours Due to family issues ,I could not get the DNA test and I was left to believe that kids are not mine and I left her.I settled with another women and currently have 3 other children.I received a letter from child support agency stating that a claim has been put forward by my ex that she would like to have child maintenance and I have to pay 400 every month.I advised that I would not be able to pay that much as I am financially in terrible situation with myself on debt management and my wife being on IVA.Further strain will put us bank corrupt.Child Maintenance are not listening to any of my pleas.Is there any legal route which I can take to offer an alternative affordable amount like 170 pound a month ?If yes how much likley it will cost ?

Our Response:
By law, every non-resident parent has to pay child maintenance for their biological children. Child maintenance is based on a percentage of the non-resident parent's earnings and is non-negotiable (unless the parents decide mutually they wish to set up a family-based child maintenance arrangement). What you have to be careful of is accruing arrears, whereby the longer you ignore the payment requests of CMS, the more arrears you will accrue. Regardless of whether you think the children may or may not be yours, a DNA test will be required to prove this. Until the matter is proved negatively (i.e that the children are not yours), then you will be required to pay, please see link here . This means you are in a situation where you will have to prove yourself not to be the father, before the case can be dropped. With regards to your other suggestion of coming to a family-based child maintenance arrangement, then your ex would have to be in full agreement. This can be requested through mediation, please see link here . However, if your ex thinks you may not keep to this arrangement or the child maintenance arrangement may break down, then I imagine she may be naturally erring on the side of sticking with CMS. Speaking to her directly and coming to a mutual arrangement may work, and is the preferred route. Under these circumstances, it would not cost anything to set up an arrangement.
ChildSupportLaws - 4-Dec-17 @ 9:40 AM
Hi I am urgently in need of your help . I have justbeen approached by Child Maintenance in relation to a claim made by my ex against my two children who are currently 7 years of age . She has been in the UK for nearly five years .I separated from her few months later she arrived as she admitted sleeping with a man when we were trying for a child .In one of her explicit messages she shared with that person she clearly states that these kids could be not be my husbands and could be yours Due to family issues ,I could not get the DNA test and i was left to believe that kids are not mine and i left her. I settled with another women and currently have 3 other children. I received a letter from child support agency stating that a claim has been put forward by my ex that she would like to have child maintenance and i have to pay 400 every month. I advised that i would not be able to pay that much as i am financially in terrible situation with myself on debt management and my wife being on IVA .Further strain will put us bank corrupt . Child Maintenance are not listening to any of my pleas .Is there any legal route which i can take to offer an alternative affordable amount like 170 pound a month ?If yes how much likley it will cost ?
hammad - 3-Dec-17 @ 6:54 AM
I have been paying maintenance via the csa for years. Now that the csa is closing we have opted to settle the last couple of years between us. What is surprising is the amount I now pay using the csa calculator is over £100 less than I was paying. When I enquired about this I was informed that because I started payingunder the original system there has been at least two changes, effectively to make it fairer for the paying parent. Considering I have had six children with two women the cost to myself have been considerable.Is there anyway I can claim this back from the csa? To say that I have struggled financially for over 20 years is an understatement.
Nev - 2-Dec-17 @ 1:56 PM
Cazza - Your Question:
Hello I’ve had a maintenance claim since my child was 2 years old she is now 17years old, the child support agency recently when our claim should of closed continued to take payments from my ex partners wages and then proceeded to loose them, myself and my ex partner has called every day to have this resolved for about a month now and still no payment has been received This is lonely due to my child and it’s sitting somewhere in their bank earning them interest, what can I do about this? As they keep saying is sorted and I’ll get my payment but that still hasn’t happened, today the advisor refused to let me speak to a team leader and then hung up on me

Our Response:
If you are unhappy with the service you have received, you can complain via the gov.uk link here.
ChildSupportLaws - 30-Nov-17 @ 10:47 AM
Hello I’ve had a maintenance claim since my child was 2 years old she is now 17years old,the child support agency recently when our claim should of closed continued to take payments from my ex partners wages and then proceeded to loose them, myself and my ex partner has called every day to have this resolved for about a month now and still no payment has been received This is lonely due to my child and it’s sitting somewhere in their bank earning them interest,what can I do about this?As they keep saying is sorted and I’ll get my payment but that still hasn’t happened,today the advisor refused to let me speak to a team leader and then hung up on me
Cazza - 29-Nov-17 @ 10:08 AM
Kevin- Your Question:
I have paid for my son for the last 16 years and never missed a payment.the 1st 14 years with the csa and the last 2 years with cms.when my csa was coming to the end due to it being shut down I contact the cms and told them that I wanted to start a case with them when my csa ended in a few months and I paid the start up fee myself.since this I have had nothing g but stress off the cms.the cms were demanding money off me even though I was still paying the csa!.i eventually managed to sort this out by sending them a letter from the csa which said I was still paying them and the date my payments ended.ive been paying the cms now for 2 years not missing a payment.my son came to live with me 4 months ago and I informed the cms of this.i also started claiming child benefit for him.i have told them I want my case closing as my son lives with me now.since then I have had demands for money and phone calls saying I owe arrears which I don't because I've never missed a payment and I have bank statements to prove this.the staff are rude,never help you just demand money.they say they will get phone you back and don't.the stress they are cause g it unbearable!.i started this case does that sound like someone who is trying to get out of paying!.I Am currently drafting a letter to my MP and looking in to taking legal action against the cms.

Our Response:
You also have the recourse to complain via the link here .
ChildSupportLaws - 28-Nov-17 @ 4:11 PM
Becky2017 - Your Question:
Hello As part of the Divorce Settlement (Jan 2015) the Court ordered that I pay 500 a month to the residential parent, and that neither parties were to go for re-assessment to the CSA until Jan 2018. Even though I have made every payment for the last two years, have not gone for re-assessment, have given copies of the Court Order and a copy of the payments made to the CSA they have taken 2000 out of my account of arrears. We are currently going through the complaints process but this seems completely insane! Has anyone experienced anything similar/ can give advice?

Our Response:
You would have to complain/appeal via the link here. As a rule, if a payment is now allocated through the courts CMS can still review this on a annual basis, meaning that by default it passes over to CMS.
ChildSupportLaws - 28-Nov-17 @ 11:40 AM
I have paid for my son for the last 16 years and never missed a payment..the 1st 14 years with the csa and the last 2 years with cms..when my csa was coming to the end due to it being shut down I contact the cms and told them that I wanted to start a case with them when my csa ended in a few months and I paid the start up fee myself..since this I have had nothing g but stress off the cms..the cms were demanding money off me even though I was still paying the csa!.i eventually managed to sort this out by sending them a letter from the csa which said I was still paying them and the date my payments ended..ive been paying the cms now for 2 years not missing a payment.my son came to live with me 4 months ago and I informed the cms of this..i also started claiming child benefit for him..i have told them I want my case closing as my son lives with me now..since then I have had demands for money and phone calls saying I owe arrears which I don't because I've never missed a payment and I have bank statements to prove this..the staff are rude,never help you just demand money..they say they will get phone you back and don't..the stress they are cause g it unbearable!.i started this case does that sound like someone who is trying to get out of paying!.I Am currently drafting a letter to my MP and looking in to taking legal action against the cms.
Kevin - 28-Nov-17 @ 1:55 AM
Hello As part of the Divorce Settlement (Jan 2015)the Court ordered that I pay 500 a month to the residential parent, and that neither parties were to go for re-assessment to the CSA until Jan 2018. Even though I have made every payment for the last two years, have not gone for re-assessment, have given copies of the Court Order and a copy of the payments made to the CSA they have taken 2000 out of my account of arrears.We are currently going through the complaints process but this seems completely insane! Has anyone experienced anything similar/ can give advice?
Becky2017 - 27-Nov-17 @ 1:50 PM
Hello Father's should pay the obligation amount 10% of their income not the 40% Cms wants for profit If debt management rule does not exsit or housing costs and bills in general Then the Cms is practicing unlawfully Deduction of earnings is also a scam if they last longer than their mission statement says 6 months Statoury 6 months voluntary 0-100 £7 100-200 £15 an anybody who earns over that can be subjected to the higher rate 200-850 it's a con and out of 1000 income lose 400 per month Before contact costs food fuel bills If child support payments are a priorty bill then council tax Then why are they taking fathers on low incomes and putting into severe hardship And putting pricing abe fathers out of employment by excessive chargers That go to the treasury not our children If the goverment wants mothers to stop claiming benefits and dads to pay the short fall Then reduce mothers benefits from the state Father's who work have no rights to have a quality of life because the constant threat of punishment laws on an unfair tax is criminal Harder criminals being released so working single fathers go to prison then become unemployed by having a criminal record Stupid If the mother uses the system as another cocersive control then it's fraud Excessive payments food banks loss of contact by less in the monthly income Then again it's a debunked system that is solely just finanical abuse The advisors who give false and misleading information Or the ones who say yes it's about money not children's out of poverty Well again it's fraudlent and Cms is not fit for purpose How can common sense not be involved If the active fathers who have gone to court tribunials mediation be subjected to harassment and duress over taxation that is not in line with a person's income Men are workers women say at home What bollix is that Is this the enlightened society values Appeal process does not exsit grievance procedure also be rejected mis places or just brused aside No its a taxation of unwed fathers who got fed up with women Men don't exsit bills don't exsit contact with children Not in Cms best interests no money in family based arrangements But a generous bonus in 24% surcharge on every payment Liabilty orders given out like sweets Doe's the same So children matter children are being subjected to the punishment of being denied contact if both loving parents by abusive ex partners an abusive system That be littles broken families Expectation of the the myth of the 1950'site man It did not exist in the 1950's so how can that be the principle of 2017 If the mother refuses an offer then she refused Father's go to work to lose 40% and still be expected to have contact how is this possible on no income Housing costs unrealistic Council tax Water gas electric TV The goverment practice is abuse The father who just a Corparation and can be taxed as that is unreasonable It
Dave - 24-Nov-17 @ 7:43 AM
I’ve gone to the link you sent and it takes me to the office I want to make my complaint about I’ve noticed that there is a independent complaint site but it is informing me that I need to complain to the csa first can I make my complaint to another office I’m also reading that I might be able to involve my local M.P.
Terry - 10-Nov-17 @ 9:21 PM
Terry - Your Question:
I’ve recently been told by the csa that I have overpaid by 12 months my case was referred to the reimbursement team who have today informed me that the director is refusing to reimburse me how can this be right.

Our Response:
We cannot make a comment upon whether it is right or wrong, but you do have recourse to complain, please see link here .
ChildSupportLaws - 10-Nov-17 @ 10:23 AM
I’ve recently been told by the csa that I have overpaid by 12 months my case was referred to the reimbursement team who have today informed me that the director is refusing to reimburse me how can this be right.
Terry - 9-Nov-17 @ 5:20 PM
Lisa - Your Question:
I'm a paying parent. makes a change I know!! I'm livid with them my case finished on the first of September, but they have carried on taking money from my wages. I have paid today out of my wages and was told I had to send proof !!! Unbelievable. my last payment in September is showing as a overpayment but as the case is closed I'm not getting it back. please am I going mad or is it ok for the receiving parent get away with keeping money.

Our Response:
You would have to speak to CMS/CSA directly regarding this issue, or complain via the link here .
ChildSupportLaws - 2-Nov-17 @ 2:42 PM
My ex is proving that he'll do anything to avoid paying CMS for his teenage son, whom he has been separated from since 2015. Moving jobs twice, becoming unemployed for 6months , now apparently self employed, and also moving address without notifying CMS, or his son for that matter. So.....the problem is ,other than receiving 1 full payment since our claim in May 2015, and approx 3 unemployed payments, we've reached a point of ....NOTHING! , He owes my/our son almost £5000. I feel the CMS have let us down, dragging their heels , almost all the information they have on him , is what I have given them. What else can I do? I guess we're gonna have to wait till at least April /May next year when is income will have to be declared. He earns in a week probably more than I earn in a month, it's so frustrating and upsetting that he's getting away with this, once again, what can I do?
Penniless - 1-Nov-17 @ 9:29 PM
New csa a joke because I was late in contact them not able to waver £58 a month fee to them until 6months want to pay direct pay but won't let me do that beacause late in contact them how can they charge £58 a month for what rip off merchants
D - 1-Nov-17 @ 7:19 AM
I'm a paying parent... makes a change I know!! I'm livid with them my case finished on the first of September, but they have carried on taking money from my wages. I have paid today out of my wages and was told I had to send proof !!! Unbelievable... my last payment in September is showing as a overpayment but as the case is closed I'm not getting it back... please am I going mad or is it ok for the receiving parent get away with keeping money ..
Lisa - 31-Oct-17 @ 3:52 PM
@She - you should be getting money from when you first registered. You'll have to find out why before you make a complaint, but do make a complaint. Usually, if the NRP takes a DNA test, they can put off paying but if they are found to be the dad then they owe the arrears.
Ben71 - 31-Oct-17 @ 11:23 AM
Absolutely livid with the CSA for their inept handling of my case, especially as I had warned them from the start of the claim & in every phonecall since that my children’s ‘dad’ will do everything possible to get out of paying. In December i put in a claim, the claim start date was from January, however their dad requested a DNA test. I warned them he would do this to drag out the process, however legally they had to give him the opportunity. Every month for 6 months I called to see what was happening, as he still hadn’t taken the test. Eventually they said his not taken the test meant he was their dad & he would now have to pay. I requested that the CSA take the money from him as I knew he would not pay voluntarily. Yet again no one listened & they gave him the option to pay me directly. As I had anticipated he did not pay me directly & now they’ve decided to do a deductions of earnings from his employer. Which sounds great, my kids should finally get something from him which will be the first ever in their lives. Problem is the CSA in all their wisdom have told me that my children will only be getting money from July & not January when my claim started. WHY??? No valid explanation had been given in the past 2 phonecalls this morning. Even when I requested to make a complaint I was told I couldn’t until I’ve spoken to the case worker who isn’t in today. Livid is an understatement, I warned them throughout this process that my children’s dad would do his best to circumvent the system & avoid paying. The CSA is allowing him to do this by writing off the arrears from between January to July. How is this possible, it’s an absolute joke of a system, non paying parents manipulate the situation to benefit themselves & it’s unacceptable that the CSA allows this. So what happens tomorrow when I speak to the case worker & she doesn’t let me make a complaint. I’ve no other recourse as the complaints procedure has to follow certain steps. Fuming!!!
She - 30-Oct-17 @ 12:48 PM
I am in a relationship with a man who is fighting his ex wife in court to see his daughter for over 5 years now. He has never missed a payment (CSA arranged via his employer). Today I received two letters addressed to him at MY ADDRESS (he doesn't or has never lived here, we are only together a year and I have children and don't want to rush things after both getting stung with exes). I rang CSA and they have no idea who or how it was addressed to my home and not his and blamed it on a malfunction on their computer upgrading?!? Not for a moment do I believe that as how is a computer supposed to know he is 1/ in a relationship with me 2/ know my address as I have never contacted CSA and neither has he to give my address. His ex is very spiteful and I wouldn't put it past her to try to get me involved in some hateful way, but what she would gain from this, I have no idea?? But my question is, as she is the one claiming against him, can she change his address on the system without his consent? I'm actually afraid of her as I've never come across someone so evil and yet appear so nice to everyone's face. I just don't know what she's planning next to hurt him, and now me. PS she had an affair and threw him out, so it's not even a case of she's a scourned woman! Please advise...
Bewildered1 - 25-Oct-17 @ 7:51 PM
I have raised my daughter alone since 2006 following my marriage breakdown due to physical and emotional abuse by my ex-husband.He was due to pay £41 a week maintenance.Over the years, he has never complied and the outstanding amount of maintenance he is still due to pay is approximately £2,600. In January of this year, my daughter went on her 2nd holiday with her father.I have only since her once since.I believe he has manipulated and coerced my daughter into not returning home.He has made a claim against me for child maintenance. I enquired if they could offset the arrears to the amount they calculated I should pay, £400 a month (not a true figure as they did not consider my student loan but won't change it as its not 25% difference).At first, they agreed, then they backtracked and said no as their systems wouldn't allow it and the CSA and CMS are separate (Are they not both governmental sources? Part of the debt is with the CMS!).They informed me they had called my ex-husband who said he would not withdraw the claim for the amount of months to pay the debt against what I was being asked to pay. Last week, they placed an order on my salary for £400 as 1) I was still challenging their decision to not offset the arrears and 2) I agreed to provide them with my income however, did not agree to confidential information of mine being shared with my ex-husband to which they said I had to and went ahead and did anyway. Instead, they have agreed with my ex-husband he can pay £110 off the arrears in maintenance he owes once he is in receipt of the monthly maintenance being taken from me, around £290 a month.In addition, they are charging me £14 a week for the pleasure of having an order as well as my employer deducting an admin fee from my salary. It is a total injustice.Not only have they been active in collecting the arrears, they then agree to allow this arrangement of his debt to be paid and the calculations they have based their figure upon is incorrect. It is upsetting and stressful and not acceptable.I am further frustrated at the lack of ability to communicate with the CMS.They only give first names; your unable to email and they do not carry out face to face interviews. Absolutely ludicrous!I would be interested to hear if anyone else has been in this position and all advice offered will be greatly appreciated.
TeePee - 25-Oct-17 @ 5:29 PM
Sorry for the muddled write up this was hard to write on a phone.. I also wanted to state my ex who hit me is the one I'm paying maintenance to.child Benefit is in my name and child tax also. I can't get them to stop taking money no matter what I do. An when I put my claim in against him it went great they explained he will receive notice he has to pay 52per week no arrears were mentioned on his behalf to pay me back an then I now receive the notice instead they're a bunch of orangutans working on my case because it's so ridiculous I'm so stressed I need advice please
katw - 25-Oct-17 @ 1:35 AM
I really need help please!! Basically me and husband split in 2015 March child maintenance went payer instill a private agreement was made through a bank in the September, 26pound a week for two kids was given long an short of it kids were kidnapped by him later on the following year due to him being arrested for a serious arrest against my self kids were let down by the court system and the SOCAIL SERVICES plus school mainly residency was handed to him my contact was a disgrace to begone with so from March 2016 to December he had the kids instill my then partner passed away -my ex beat me up while pregnant infront of them so I obtained ran with the kids to safety to then find out him an his partner were severely emotionally abusing my kids an hurting them since having my children home I've obtained residency he has an hour supervised contact about to commence (not had any contact) and I have still all this year been giving him maintenance threw cm living off very little and they keep telling me there's a massive error he should be paying. he earns good money is well an takes my familys money I struggle an repeatable ask cm to stop taking my money I'm the one that's owed I put my claim in now only for them to still be taking my money and thinking I'm still working want 50pound a week from me instead of him self ive rang an rang an rang an rang it's going forcefully out my account I'm living off not enough to almost cope he's earning I'm on benefits basically due to having my baby an legal aid also I can't or I have to pay my court costs to protect my children which is thousands Im stuck on benifest at present an hI'm an cad are draining me how the he'll do I sort this please he's a monster an my kids need the money more than him the errors on cms behalf is disgusting an admitted them selfs I'm in the right still my money taken letters come demanding an it keeps going upan I'm helpless an broke supporting my family is my only concern an why should my kids be again let down by the system there to protect them it's a joke an not even about me needing his money it's them who suffer while he drinks am drugs there money cm take an he owes me.. Please what can I do
kate - 25-Oct-17 @ 1:18 AM
Kirsty- Your Question:
My partner and I have been together for 10 months and he was paying maintenance regularly Up until his ex got addicted to heroin so he refused to fund her habit. After months of court battles The child in question has now been removed from her mothers care ( due to addiction ) and is now living with my partner. ( the father) Now csa has stated deducting £90 a week 'debt' out his wages which with rent bills FOOD and heating we cannot keep up and considering the child has been taken out her care what can we do about this? Why should my partner have to pay these apparent arrears when he is now the sole career and provider for the child? And the mothers addiction and tendency to leave her child with no food and spend money on drugs has came out in court?

Our Response:
If your partner feels he has been treated unfairly, your partner's only recourse would be to complain, please see link here.
ChildSupportLaws - 20-Oct-17 @ 1:50 PM
Sas - Your Question:
HiMy partner has just received a deo for apparent areers he has, he does not owe this money but if they refuse to admit he doesn't owe the money will they reduce the monthly payments at all? He has not been allowed to see his son for 4 years despite many times in court (his child has additional needs and the 'mother' says it would upset the sons routine now and cafcass sided with her) He had always paid weekly through CSA but then it made more sense to pay the 'mother' directly. She has obviously now decided to lie and say she hasn't been paid. So as we have no paper trail I doubt they will wipe these 'arrears' so really my only question is will they reduce the payment of the deo as the amount they plan to take would leave us unable to pay all of our bills it would literally break us financially,If he can't get it wiped then he knows he will just have to pay but £290 a month is just unaffordable. Will they negotiate the payment at all?

Our Response:
Unless the family-based arrangement was authorised by CSA, then your partner may be subjected to arrears. It doesn't help if there is no paper trail of money exchanging hands either (cash should never be paid). Your partner's only recourse is to complain, please see link here.
ChildSupportLaws - 19-Oct-17 @ 1:58 PM
My partner and I have been together for 10 months and he was paying maintenance regularly Up until his ex got addicted to heroin so he refused to fund her habit. After months of court battles The child in question has now been removed from her mothers care ( due to addiction ) and is now living with my partner. ( the father) Now csa has stated deducting £90 a week 'debt' out his wages which with rent bills FOOD and heating we cannot keep up and considering the child has been taken out her care what can we do about this? Why should my partner have to pay these apparent arrears when he is now the sole career and provider for the child? And the mothers addiction and tendency to leave her child with no food and spend money on drugs has came out in court?
Kirsty - 19-Oct-17 @ 10:05 AM
Hi My partner has just received a deo for apparent areers he has, he does not owe this money but if they refuse to admit he doesn't owe the money will they reduce the monthly payments at all? He has not been allowed to see his son for 4 years despite many times in court (his child has additional needs and the 'mother' says it would upset the sons routine now and cafcass sided with her) He had always paid weekly through CSA but then it made more sense to pay the 'mother' directly. She has obviously now decided to lie and say she hasn't been paid. So as we have no paper trail i doubt they will wipe these 'arrears' so really my only question is will they reduce the payment of the deo as the amount they plan to take would leave us unable to pay all of our bills it would literally break us financially, If he can't get it wiped then he knows he will just have to pay but £290 a month is just unaffordable. Will they negotiate the payment at all?
Sas - 18-Oct-17 @ 6:48 PM
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