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What Happens When the CSA/CMS Gets it Wrong?

By: Anna Martin - Updated: 16 Jan 2020 | 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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The Child Maintenance Service are the worst Government Department I have ever come across.I am a Civil Servant and have always understood that our role is to serve the public.We are expected to reply to letters, explain our reasoning and put the customer first. The CMS seem to have different rules and do not even respond to letters.I have been writing to them since August and have not had a single response to the five letters - just generic computer processed letters that do not address any of the issue raised.
Sue - 16-Jan-20 @ 2:45 PM
What kind of outfit (csa)can accuse you of not doing a dna test for a family's child,I have no idea of the people, yet I have been ripped off by these,even the family birth certificate is in their name.
rossmac1234 - 4-Jan-20 @ 2:01 PM
There must be someone out there who is willing to take on the CMS this calculation that gets done before tax surely needs addresses we are paying tax on money we are not getting. Can anyone help .
Alan - 9-Dec-19 @ 8:53 PM
A couple of months ago my friend received a letter from the CMA indicating that her ex had initiated a CMA claim for their two children. It came as something of a surprise to her given that the two children live with her. She alerted CMA to this, only to be informed that she needed to 'prove' her situation by claiming child benefit for the children. The kids had previously lived with the ex for about a year. She dutifully applied for child benefit only to be informed that there was a 'rival claim' for the benefit, from her ex who had presumably 'forgotten' to cease his own claim. She returned to CMA with that information to be informed that was insufficient 'proof'. Last month she had an amount taken from her salary by the CMA to award to the ex....for the two children she is in full time custody of. In repeated telephone conversations with the CMA it has been established that the initial claim from the ex, though very temporarily valid, was riddled with inaccuracies and falsehoods. For example no mention was made that the two kids spent considerable time with her nor that she also has another dependant child in her care. It has also been established that the ex's claim has become null and void and that he is/was committing benefit fraud. In addition, the children's school and social services have confirmed to the CMA my friend's situation. And the CMA's response? To take another month's maintenance money from her salary to award to the ex for the kids he does not have. Apparently it is their 'procedures and processes' and there is nothing they can do to prevent more withdrawals nor can they guarantee her a full reimbursement of the monies taken thus far. You couldn't make it up....
No Surprises - 7-Dec-19 @ 3:06 PM
What happens is you contact their complaints department. The DWP investigate themselves and decide that they did nothing wrong. They continually messed up my case at least 3 times now they have thrown me on at least 3 different schemes. I used to work in the department. Apparently when the mess up your claim so bad they throw you on a different scheme they refer to it as doing a 'falkirk' because them lot regularly screwed peoples case up like that. They have farmed my case out all over the country. I've spoken to people in Scotland, Belfast, Birmingham. Literally everywhere in the UK. They have cost me at least two jobs and one secure tenancy. They have lied to me on the phone they have stolen money directly from my account. They just harvest details then rob you. They are a souless killing machine that hate men. I now cannot stay calm on the phone to them. I refuse to speak to them on the phone. I would happily kill every one of them.... I took the matter to my Labour MP Rachel Maskell. She is female and a femanist. No action taken. They are a completely unaccountable department. MP's dispair of dealing with them.
God - 28-Nov-19 @ 2:26 AM
I brought up 2 girls on my own for 12 years without a penny off my ex. He even left the country to avoid paying. In total he owes me just over Eighteen thousand pounds. After a petty argument my 15 year old daughter tracked him down and moved in with him. He made a claim against me which I disputed as he has an outstanding debt. After 12 months of back and forth they sent me a letter stating writing off his debt and I need to pay him £75 a week although I have a 13 year old son and a minimum wage job working 30 hours a week. They also said they couldn’t track him down to claim money. It’s just crazy. Made an adjustment of earning on my wage which left me in the food bank to feed my son. £311 pound they took. Although I wrote to them with wage slips. Had a phone call stating they would deal with complaint raised by MP then another questioning my wage!? The whole system is an absolute joke!
Hebsy - 23-Nov-19 @ 8:19 PM
Since leaving my ex in 2012, I have received 2 payments for 2 children. The CSA (now CMS) claim they were unable to locate my ex. It appears he was not paying tax or claiming benefits, so they claim all avenues of tracing him were closed.He has chosen not to have contact with the children so I'm unable to help. I received a letter a few weeks ago that HMRC have flagged that he is now active and my payments will resume - in April 2020. They claim that they won't be able to find out his earnings until then. I'm owed thousands in back pay and am still no further on.
Tut - 14-Nov-19 @ 12:58 PM
Wowzers ive just been given a bill of 1250 per month saying ive never paid a penny and they want all monies plus 20% ive been paying directly for years and buying stuff for my daughter and all the fuel to collect and drop back £60 a trip. bit blown away really as to how this lot think they can just demand 20% ???? can you take CMS to court or can I go to court to get an order that removes this lot ? I cannot pay 1250 per month any way and it will also mean i never see my daughter whilst im robbed blind.
Daddy - 30-Oct-19 @ 9:08 AM
CMS are deliberately miscalculating payments... Its cruel enough that someone has to go through the loss of their child from their day to day lives but to be forced to pay the mother that has inflicted this cruelty is disgusting and its is socially destructive, every study shows it is damaging to children's welfare have time with their good fathers restricted or removed entirely... But they are also failing to inform father's of what they class as 'non mandatory' calculation... Fathers have to guess what could be considered then ask before they will calculate to their own unfair and poorly pulled together rules
Gn86 - 29-Oct-19 @ 8:09 PM
Hi everyone, I feel your pain. Since splitting up over 12 years ago, I have paid over £70k in child maintenance to my ex. This doesn’t include additional money I’ve supported them with such as paying for school trips, days out when I’ve had them stay with me and an annual holiday I’ve taken them on. I got made redundant and stupidly gave my ex a lump sum (a years maintenance up front) to support them whilst I looked for a new job. Within days of me transferring the cash, she manipulated them into not seeing me and started to alienate me from their lives. I have since found a job but now have the CMS bullying me into paying ridiculous monthly payments which I can’t afford. This is due to them having incorrect salary details on their systems. 6 months I’ve been fighting my corner and still firmly at square 1. They aren’t interested in helping, their only goal is to get you on the collect and pay which you have the pleasure of paying an additional 20% on a number you already can’t afford. I am now in a position where I can’t afford to go to work and will most likely resign and live on the streets for a few years. It will be less hassle than I currently have and financially I won’t be any worse off. If their main aim is to help children get support, then why don’t they review each case on its merits rather than square pegs in round holes approach? How do we collectively fight this system to get a fair and reasonable outcome? I wish everyone the best of luck when dealing with these bullies, as the mental strain this has caused me during these 6 months has been immense and with the worst possible outcome for all. The government should be embarrassed and held accountable for ruining so many lives.
Bunchofseeyounexttue - 29-Oct-19 @ 8:12 AM
I have been contacting the CMS for the past 3 years with regards to an outstanding CSA claim. Back in Feb 2005, my ex and I separated, we reconciled in June 2005. She advised CSA in April 2007 that we reconciled in October 2005, however they are chasing for arrears from October 2005 to April 2007. They have the conversation from my ex however they will still not remove the near £4000 arrears. I finally separated from my ex in January 2016 and have not missed a payment since, as a matter of fact I have over payed by close to £13000. I have sent them a complaint in writing which they received last Friday and only because I called them today have they started the complaints procedure. I have now told them several times that if they continue to chase for this money then I will be suing them for trying to obtain money by fraud and deception. They don't seem to care. My ex has told them to chase the debt. I am getting to the point where Court is the only action. I have provided proof that we reconciled in June 2005 as I kept a Council tax bill in joint names which I have sent them. They still don't want to listen to me. I have been promised countless call backs and never had one. They are completely incompetent and the scum of the earth.
JL - 23-Oct-19 @ 2:22 PM
I'm a non-resident father who has absolutely no problems paying towards the upkeep of my child. I've been dealing with the CSA/CMS for over ten years and in my experience, they have been absolutely useless and seem to employ people who have no idea how to do their job. From day one I have have had no end of problems, ranging from inaction from them resulting in me owing arrears, losing information, members of staff not carrying out tasks they should have and general disregard and animosity towards my position. Talking to people in similar situations, it seems that it is not just me who is having problems and reading some of the comments here just reinforces that fact. The change in name from the Child Support Agency to the Child Maintenance Service hit the nail on the head; no longer are they concerned with supporting children's needs, they have, it seems, solely concerned with money and are now taking a cut for themselves, making cash cows of non-resident parents. In addition to this, their methods for taxation are disgusting as they consider your salary before PAYE, essentially adding their own tax on top of your income tax. They also consider Child Tax Credits claimed for other children as income so those children are deprived of money which was meant for them and the Tax Credits essentially go back into the system. No surprise really from an incompetent Tory government. The CMS are an utter disgrace and should undergo a complete overhaul along with general child support policy.
Rick - 22-Oct-19 @ 2:13 PM
I have been proven that I'm not the biological father for a child and the mother still disputes the case. The cms are a joke I'm owed around £2000 of fund and its been 4 months since cellmark has done there test there a joke just like the mother and she just comitts fraud I hope they get what's coming to them karmas a bit#h
Angry individual - 25-Sep-19 @ 2:21 PM
So I had an agreement with my ex to pay a set amount each month, this was going well until I met my now wife. My ex went from not a nice person to total scum. Not only did she make it hard for me to see my kids, try to damage my relationship she when to the CSA/CMS to get her money. Even though an agreement was in place the CMS/CSA took her work and opened a case. Not ones was I asked about my agreement with my ex. After talking to CMS/CMS they tell me that they like people to come to there own arrangements. All they have done is take the BS my ex has told them, i can prove that I have made payments before the case was set up but they will not listen. Now I'm getting screwed over time and time again. Iv not seen my kids for 3 years now as I cant afford the legal costs, there is no help for me as the system is totally messed up. The CMS/CSA needs to get there act together. I sick of being treated like a criminal every time I talk to them. I want to pay the money but not this way as it should never of happened. May be one day my kids will find me so I can tell them the truth and give them the lost years of cuddles they have missed out on. If you are reading this and you are the one making a claim with fails information then you should be punished. People like that destroy lives.
AngryDad - 30-Aug-19 @ 12:49 AM
My youngest child will soon be 31yrs. My ex husband who remains in Class One employment still owes £10k towards his support. How is it it possible that the debt has not yet been recovered? I am now retired & expect this maintenance to be paid with interest. How do I ensure that, following a 2yr timeframe for debt recovery notified in 2016, the money is paid?
Norfolk & Chance - 15-Aug-19 @ 10:12 PM
Where to Start? - My partner is suicidal, to the point of whats left to live for? and has only been in the system for 6 weeks. For 17yrs my partner has paid maintenance direct to the mother for 2 children he believed were his. My partner came out of work and there was an agreement between them both to lower the payment until back into work, this was agreed by both. My partner went back to work, then suffered a work place injury which placed him on the sick for quite a few weeks, he had no help from the DWP regards help with bills or mortgage but he managed to get through. On returning to work his ex partner made contact with him and requested maintenance for the children, the only thing was the amount she was requesting was over what the initial agreement was. he refused to pay the extra and sent the agreed amount. his ex partner informed him she was going to the CMS and thats when the trauma began. Awaiting to hear from the CSM a family member from my partners side posted a note through the door of my partners house informing him that one of the children was not his and his ex partner had an affair while they were together. upon this when contact was made by the CMS we informed them of this information and requested a DNA on all parties, Mother, Father and 2 children. the DNA tests were paid for by myself and were done by the independent body the CMS use so there was no way the tests could be tampered with. My partner went through the process and within 4 working days his results were back. after numerous phone calls with the CMS and receiving threatening letters for payment for maintenance to which my partner was paying each week direct to the mother, we rang the CMS to find out if the mother had carried out her testing? NO! 6 weeks down the line and still no tests have been carried out by the mother. after a phone call to the DNA company they informed ourselves that they had told the CMS to close down the claim as no tests had been submitted only the fathers. we rang the CMS and explained that the case was supposed to be closed down as they were instructed and they fobbed us off, they were not interested, and have now sent 3 threatening letters in 3 days demanding money from my partner. i have contacted the prime minister, every MP in house of lords regards child and families, human rights, and have no where else to go. so CMS are you going to put some money together for the funeral costs of my partner? if so send it in your next letter.
Amanda - 9-Aug-19 @ 1:48 PM
In 2006 my home was repossessed I lost my job my possssions everything. I couldn’t get rental because no credit I couldn’t. Get benefits. I had no where to store my furniture etc it all went with the re possession. lived on the streets for 9 years. A friend of mine was retiring and offered me his business for a £1 (you can’t givea business for free) to sort myself out. However I needed an address, which a friend of mine let me use his as a correspondence addy until I got sorted.My business doesn’t make a lot of money. I don’t have a permanent home yet. I do struggle. The child support agency sent me a lettersaying I don’t owe them money, it’s all been cleared off. A month later I get a letter saying they are taking me to court for £1,500 unpaid child support . My child is older and working.
Stu - 1-Aug-19 @ 1:33 PM
CMS carried on taking payments from me after they were supposed to stop have been in touch with them for months over this issue and feel it's their fault due to them not keeping a proper administrative check on the claimants but have been told by CMS it's my fault for not providing information I didn't have and can only claim my money back through the small claims court so it will cost me again even though CMS take an administration fee from me how can this be right or fair
Bob - 31-Jul-19 @ 10:33 AM
does anyone know how to raise a a serious complaint about the CSA, I had my annual review in December and started paying way to much money based on what I was earning, I have been chasing them once a week from January 8th until today. I get passed from pillar to post, and today I was told the same as I have been told on a few other occasions that some one keeps cackling my requests internally and they don't know who it is... my employer can not do anything they have to pay, and last week my payment schedule has changed form £757 per month to £2750 per month from September and I feel nobody is doing anything to help.... I have no issues paying what I am suppose to be paying, I have uploaded wageslips and several caseworkers have said I should be paying £192 per month, but nobody is doing anything about it I don't no what to do or who to complain to
payingtomuch - 30-Jul-19 @ 4:24 PM
I know there are parents who avoid paying towards their child's upbringing but there are those of us who are honest. I have been made to feel like a dirty criminal and told the same. I have put in compaints which have been ignored. I am ordered to provide proof and even doing that they still took money from my wages plunging me in debt and poverty and unable to go to work, pay bills - no chance of food. Something needs to be done about this, CSA screwed up and I have to pay. Because of their failure I am now in debt with strong possibility of being homeless. Money over paid they don't care I have to take him to court, the law is wrong and needs to be urgently reviewed
Sm - 26-Jul-19 @ 10:39 AM
Hi I have received a letter from the CSM saying that I owe £8,400 in child maintenance that wasn’t paid from 2006- 2009 and that I need to prove that I paid this money. My son is now 27 years old. I know I paid this money and this information is incorrect but as it was almost 10 years ago I don’t have any records of my old bank account and cannot get them as they only give out statements for the past 6-7 years. What should I do?
James - 25-Jul-19 @ 2:06 PM
I never received a single penny from my ex due to the gross negligence of the CSA what can I do to get compensation
Lx - 19-Jul-19 @ 9:54 PM
Im quite surprised how CMS is getting it wrong for so many including myself that has to show proof that payments are going as my x keeps telling them im not paying just to cause me grief, is there anyway we can show the government this is so wrong, in 2018 CMS bullied me harassmed me victamised me black mailed me in to sending them bank statements to say ive had a direct debit set up since 2014 which i did, an now my x is at it again saying ive not paid even though i have so CMS are on my case again saying i need to send them a statement to show its been paid, again this is so wrong, im selfemplyed and at the min i feel like quitting because its becoming a full time job dealing with my x and CMS.
Me - 4-Jul-19 @ 3:09 PM
I have had it with these bunch of morons i am at my wits end now they are taking £600, per month for arrears i dont owe i have proof I don't owe it i have proof that they have produced fraudulent documents to support there claim but still they are hell bent on destroying me the children in the case are now all adults and they want to give my hard earned money to a woman that has deprived me of my children's childhood what a f****d up country this is i am about to lose my job because i can not afford to get to workwhy do they do this death is the best option but i can leave my little 3 year old boy that i have with my new wife we are happy he is happy but a government body that is responsible for making life better for children is destroying a child's life what the hell is that all about i will need to end my life to make his life better what a sad sorry state to be in still at least an adult can have a free holiday on my money whilst my son looses his dad ....
Alex - 19-Jun-19 @ 5:51 PM
I am PWC for 2x kids from 2009 - 2017.1 child i was not for 2009-2013 when (other parent giving speed to that child and other drugs) 'abuse' meant that child came to live with me also. In addition, the other parent lied about income such that the figure paid in child support was minimal, yet after finding out the actual amount, later, it would have been approx 4.8k per year since 2009 for the two children.I did state at the time in complaints to CSA and have since complained again, but not until an MP was involved have they even answered.They have looked into the complaint and mistakenly been forced to lie to the MP.Ridiculous really.Laughable, but very serious. They have messed up the case so badly they have the details down on system wrongly through what is essentially maladministration and/or possibly fraud.How on earth do I get that corrected.The correct figure myself as pwc is owed is approx £29k (obviouslly im not going to get it now!! - their fault) and they have just sent me a bill with threat of court action for £7k which is completely wrong as I dont owe at all, I am owed. I now have a £7k bill, no child support help with the one left that is under 18 and legacy threats to me backdated which they wont address.I think a Judicial review should ensue.... Anyone else know what I can do?
000owed - 18-Jun-19 @ 3:03 PM
A child maintenance claim was started against me on 10th May 2019. On the child maintenance website it says that on 28th March 2019 I owed £1440.60. This is not true and I can't afford to pay it, yet for non-payment I am threatened with bailiffs, ruined credit rating, confiscation of my drivers license, the forced sale of my children's home (the same children that the CMS purport to be helping) and prison. It is extremely difficult to get the CMS to acknowledge this or to do anything else other than fill in forms on their computers. I have had to spend weeks trying to contact them before finally being phoned back by someone who appears to be authorised to talk like a human being and not just the interface to a computer database. The genuine payments that have been demanded (as opposed to the made up one mentioned above) are also not affordable because I already look after my children by, among other things, paying the mortgage on the house in which they live with their mother and the rent on the house in which they live in with me. But none of this is taken into account. All that is taken into account is gross salary and the number of days spent with each parent per week. The parent with whom they spend the least time, even if the difference is only one day per week, is deemed to be "the absent parent". I have shown them in detail the reasons why, even if I wanted to make these payments, I would be unable to do it while also providing a roof over my children's heads. But I hit a brick wall of bureaucracy. Apparently, housing and caring for my children is deemed to be "voluntary" and therefore doesn't count. The CMS is an important service for cases where one parent has genuinely abandoned responsibility for caring for their children. In other cases its one-size-fits-all design, and its combination of errors, threats and unwillingness to genuinely communicate, harms the children whom it purports to try to help by harming the breadwinners who support and house them.
Steve - 12-Jun-19 @ 12:41 PM
A child maintenance claim was started against me on 10th May 2019. On the child maintenance website it says that on 28th March 2019 I owed £1440.60. This is not true and I can't afford to pay it, yet for non-payment I am threatened with bailiffs, ruined credit rating, confiscation of my drivers license, the forced sale of my children's home (the same children that the CMS purport to be helping) and prison. It is extremely difficult to get the CMS to acknowledge this or to do anything else other than fill in forms on their computers. I have had to spend weeks trying to contact them before finally being phoned back by someone who appears to be authorised to talk like a human being and not just the interface to a computer database. The genuine payments that have been demanded (as opposed to the made up one mentioned above) are also not affordable because I already look after my children by, among other things, paying the mortgage on the house in which they live with their mother and the rent on the house in which they live in with me. But none of this is taken into account. All that is taken into account is gross salary and the number of days spent with each parent per week. The parent with whom they spend the least time, even if the difference is only one day per week, is deemed to be "the absent parent". I have shown them in detail the reasons why, even if I wanted to make these payments, I would be unable to do it while also providing a roof over my children's heads. But I hit a brick wall of bureaucracy. Apparently, housing and caring for my children is deemed to be "voluntary" and therefore doesn't count. The CMS is an important service for cases where one parent has genuinely abandoned responsibility for caring for their children. In other cases its one-size-fits-all design, and its combination of errors, threats and unwillingness to genuinely communicate, harms the children whom it purports to try to help by harming the breadwinners who support and house them.
Steve - 10-Jun-19 @ 11:44 AM
CMS fail after fail Direct pay saw arrears accrue as ex only paid what they wanted to pay (very little) Deduction of earnings failed, another sudden change of income, More time to not pay In the mean time I work part time and struggle every month, going without to the point I am mal nourished and receiving vitamin shots, to ensure LO has everything they need
Dee - 4-Jun-19 @ 5:23 AM
Conclusion CMS is official financial terrorist organisation who rapes paying parent by using fake evidences & unfortunately there is NO justice available to paying parentespecially where CMS involved. This is the base line. They forcefully stops paying parents to take this matter to International court / European court to get the justice. This
CMS Victim - 31-May-19 @ 7:29 AM
My husband received a letter from the CSM last month stating that he owed £2100 in arrears for his 26 year old son. When we questioned this, as we knew we had paid everything that was demanded when appropriate (as it was via an attachment of earnings) they said its correct and he has to pay it !Despite receiving a letter from the CSA saying we no longer owed any monies/maintenance. Unfortunately, as it was 11 years ago, i no longer have a copy of the letter ! We have now received a demand to start paying £175 a week until it is paid off in 3 months !!! When we paid the maintenance at the time, it nearly broke us, we had to sell our house, and my husband was suicidal , he is now sitting with his head in his hands not knowing what to do.
Nursecathy - 26-May-19 @ 6:56 PM
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