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What Happens When the CSA/CMS Gets it Wrong?

By: Anna Martin - Updated: 17 May 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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Hi guys. I’m looking for advice really. I’m considering trying to sue the csa. I’ve been paying maintenance since 1996. About a year ago I was summoned to court by the csa as they claimed there were arrears on my payments-for around 5k that I had failed to pay. I disputed this, went to court and lost. I received a 49 day prison term, suspended for two years for failure to make payments. The 5k was to be repaid over 2 years, hence the length of the suspended prison sentence. I maintained the payments over this period even though I knew it was unjust, all the while battling against the csa and trying to get them to review the case and the monies already paid and monies they claimed were still owed. They have now reviewed my case and offered to repay just under 5k back to me, sayin their assessments were incorrect in the past and I have indeed overpaid. Fair enough, right? But, they have put my wife, my children who live with me and myself through an incredibly stressful and worrying time since they first started to claim these arrears about three years ago. I have been given a suspended prison sentence, criminal record, massive financial strain and have spent untold hours trying to defend myself from a miscarriage of justice, not to mention the time and earnings I’ve lost trying to do so, which they’ve now admitted should not have happened in the first place. Is there anything I can do? Thanks,
Stu - 17-May-19 @ 1:13 PM
My ex has contacted the CMS with false accusations of irregular payments and they wouldn’t listen or didn’t want any proof when I explained that it was impossible as I pay via standing order ( family based arrangement ), in the 5 years my son has been alive , she’s changed his first name ( has 2 birth certificates now ) , Also I've taken her to court numerous times over access at a cost of £6500 which I was awarded a court order which she’s breaks all the time , judge said it’s not worth the paper it’s written on ( legal systems a joke ) , I’ve not seen my son now for 9 months and I’m penny-less to do anything about it. Cheers Rip off Britain
Ryan - 16-May-19 @ 8:30 PM
I have now had the CMS taking money direct form my wages 6 years later after the CSA stopped taking payments. I have tried to reslove this as the child now adult is not my biological son I have complained to the CSA to MPs and no one wants to listen they just want to keep taking the money regardless Now considering suicide as this seems to be the only way out At least they will then leave me alone
... - 5-May-19 @ 11:01 PM
Shocked. The CMS have admitted fault for taking money from wages. There was no reason and no letters ever sent other than to the employer. How this happened in the first place is apparently still a mystery. No explanation as they don’t simply don’t know. A FOIA has been submitted as well as request for all verbal communication to be handed over for our scrutiny. A complaint with the MP has also been lodged. I’ve just read the comments about the woman’s husband being threatened 10 years later for money! This is a concern for me too now as I now know this organisation can’t be trusted. I suggest all do the same and ask for all the information they have on you and look through every detail. Follow their faulty complaints procedure and go to tribunal. Perhaps when the courts are backlogged for years they might actually realise the disaster the CMS is and finally do something about it rather than just rename it like they did from CSA to CMS. Same pathetic group under a different name. Keep everything they send you. Keep all accounts (clearly until you die or the other parent dies) They must be held accountable and stop harassing good parents that pay! This is unacceptable from any organisation let alone a government one. Last I knew this was the UK and not North Korea.
Penny - 30-Apr-19 @ 2:48 PM
My husbands 2 sons are in their 30's now.We finished paying maintenance over 10 years ago.He was in arrears but we took out a loan to pay this off.Anyway this month we have received a letter telling us we are £5600.00 in arrears.How can they come back to us after 10 years of nothing from them and demand £5600.00.The bank we had the loan with has merged with another bank and they only hold their records for 7 years.Unfortunately, we haven't kept any paperwork either from 10 years ago.No help from them whatsoever.It is all on us now to prove otherwise :-(
MH - 29-Apr-19 @ 3:21 PM
It is horrific that an Organisation like the CMS is able to have the powers they do. No Organisation should be able to put people through financial crisis, personal stress, physical and mental ill healthbefore following a procedure that is embroidered in our British constitution. But Alas, this seems to be the processes of the CMS. My husband is on the brink of suicide. I am not kidding. As I type this I am not sure he will be with me and our 2 small children tomorrow morning. The reason... He received his payslip in the post today to see 1,117 pounds deducted from his earnings by Child maintenance. He has been a paying parent religiously for the last 5 years, despite constant accusations that he has not. None of the threats of collect and pay have been successful because he has always been able to provide proof of payment. However, without any contact by way of letter or phone call informed him of this deduction. After a phone call to the ‘call centre’ He was also told that this was to be a monthly deduction and was a decision set by the tribunal. ( I might add here,that this is for a 18 year old that spent 7 years at an outstanding ofsted rated grammar school that is apparently enrolled in non advanced education until she is 20 (how convenient and easy to manipulate a system that encourages what I like to call ‘legal fraud’). He has a pending tribunal and was told by the CMS that this was a tribunal decision and to contact the court. We did. They informed us that the tribunal case hasn’t even reached a judge nor has a date been set (as we already knew) Therefore this could not have been a decision set by tribunal (as the tribunal clerk told us)A letter from the tribunal is to be sent to prove this. A decision to take this money is unclear and without explanation as I’ve mentioned so how can this possibly happen? I am not a bitter new wife. I think it is the parents responsibility to help pay for their child and I have always been on top of ensuring my husband has not forgotten to pay. however it seems that this Organisation has a prejudice against men and paying parents. Something has gone seriously wrong that an Organisation this powerful can be so flawed. Flawed to the point that they don’t seem to have an ounce of professional communication, common sense or compunction to do the right thing. They have acted immorally and unprincipled and I would like to say they have acted illegally. They have a duty of care to all with their life changing decisions and should through every test and procedure possible ensure that every effort to contactand include a parent is made. To ensure than no on endures a financial hardship that would render them homeless or worse yet dead (receiving parent included) It seems to me that a lot of unconscionable mistakes are being made, on both sides, and they are never accountable. I have no more words to express myself at this point.
Penny - 25-Apr-19 @ 9:08 PM
I just don't know where to turn, short story, the employer is not compliant with an attachment of earnings order, not sending the money etc.I have the MP involved, the ombudsman did not want to deal with it. There is complaint ongoing at the CMS the employment team are next to useless.So his employer in my opinion is stealing my sons maintenance but nothing is being done about it.Where can i go from here, trust me i am on the phone every other day chasing it, but nothing happens just false promises.But apparently we are not meant to rely on this money.The fact, my money is sat in a bank cant be right surely
AM - 17-Apr-19 @ 9:57 AM
The whole CMS system is flawed, I appreciate there are parents out there that dont do anything for their children and yes a system is needed. However I've always paid for my children. I've only just got back on my feet after a year of troubles with trying to be able to work. I've been working for 1 month and out of £760 take home pay CMS have told me I have to pay £196 starting next month. My ex partner now lives 120 miles away from me. I used to have the kids from Thursday afternoon to Sunday evening every week. Now with that calculation I cant even afford to see them once a month and certainly wont be able to have them stay with me. Anyway out my wages now I have to find £40 to go and see the kids for a few hours, my rent, petrol to get to work, her car, her phone bill shes refusing to pay, credit cards she used and wont pay and of course maintainace, as well as support my 9 month old that is living with me. CMS have just sorted out how much I have to pay and yet they have put me in arrears of £128. Now obviously I cant pay that all at once and I've had to use £40 I was going to use to see my kids to pay off some of those arrears. I tried to explain to my ex this and this has caused more problems I've been accused of not wanting to see the kids etc it's been put on Facebook.Now my ex is off heroin shes on a power trip and now thinks shes the worlds best mother and nobody else has struggled like her so I owe her, that's the only reason shes gone to cms, not because I've not paid when I'm meant to. I mean shes been doing fine for the last 2 years we've been apart. When I was making regular payments I also helped her with the kids birthday and xmas presents, when she needed extra money for drugs she was always able to call me up and say the kids needed something and I'd send some money,if I ever refused she would sell the kids tablets and TVs I paid for so shes been doing ok, I've struggled and still will. But i digress. When I spoke to cms they said I cant do a variation for the car I've been paying for until I start making the payments again and they cant take into consideration the cost of me seeing the kids until it's been verified I'm seeing them. However I cant do either of those things without the variation, but me seeing the kids will never be verified because even though I have been seeing them my ex partner has said I dont even though I saw them 3 weeks ago now and was meant to see them weekend just gone until I got hit with the arrears.
J - 8-Apr-19 @ 7:59 AM
My husband has a daughter to his first wife. In May 2015 when his daughter was 17 he was told by CSA that CB would no longer be pause from September 15 as his daughters course then became an advanced course of study. In September the pwc supplied letters to CB from the College that claimed the course was non-advanced do child maintenance was reinstated £970 per month. The College refused to speak to us and my husband eventually paid a solicitor to get the course details from the College. The report confirmed that the course was advanced. We supplied this to CSA/CMS. They said the PWC disputed this report and believed the PWC. We supplied the report to CHB who also ignored it. Child maintenance ended in September 17. My husband appealed the September 15 decision he lost his case at First Tier Tribunal but appealed to the Upper Tier Tribunal which was finally heard in January 19. He won, the Judge saying that CHB, CSA/CMS or the First Tier Judge had failed to consider my husbands evidence from the College and yet this evidence was the only one that allowed the agencies to truly independently verify what course and level his daughter was studying. The PWC has been overpaid 23K in maintenance- CMS will not refund thus as they say the money was paid voluntarily direct to the PWC. There was nothing voluntarily about it, every time he didn’t pay as he thought the PWC wasn’t due maintenance he was contacted by the arrears team who said if he didn’t pay they would put a D of E on him. No choice there. The system is geared towards the PWC and as CHB is also paid to the PWC they will not consider any evidence from the PP parent as they are not the claimant.
PPhasnovoice - 20-Mar-19 @ 9:39 AM
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
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