Appealing Child Support Decisions

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My ex has got the cms to claim 7500 of me of unpaid child maintenence wen since 2002 I have been paying her 200 a month for them so probably paid nearly 20000 pounds. We paid csa for the first few months but then was decided to just pay bank to bank.. Does anybody know wat I can do?

Me and my ex split 16 months ago last year he mad me feel sorry for him crying saying no one cares for him he should kill him self told him it’s hez own falt he chose to live in Birmingham than be in Liverpool with hez family well few weeks ago told me he found some one new so me being me told him I had to ???? well anyways he never pays for the kids he comes see them wen he feels like it he and let’s them down a lot phones my daughter up wen he feels like it never speaks to r son I let him see them coz he knows am a mug but other day he got married yes I was pissed off am struggling to buy school uniforms and he pays for a wedding out the blue so I txt him hez kids r up set and if he wants see kids take me to court coz am sick off him upsetting them well he still anit phone my daughter up see if she ok I want my kids to have a dad but hez selfish

I am a father to one son who is being charged maintenance, I wrote to the CSA and told them that the child maintenance calculator proves that i should not pay any monies as i have my child at LEAST 2 times a week. but they still went ahead and sent my company athreatening letter and placed a deduction from earning from my company. It should be noted that i went to the courts and won the right to have have unrestricted access to my child and therefore have no bars or limitations to my son.I play an active role in his life and share in the day to day care for him, this involves his basic human rights along wiht providing entertainment, GP appointments and other activities. please advice

We have just been hit with a £10'000 pounds from CSA now we have always paid cash to the mother and always bought my step son clothes and school uniform and anything he needs on top of this pushchairs for the mother and food and new washing machine yet she has also stopped us seeing him for around 2 years of his life he is now 6 my partner is not on the birth certificate and offered to pay numerous times which the mother refused she lives on benefits also and never declared a single penny we gave her to the jobcentre, also we travel 12 miles to pick him up just to see him and been refused on the door step we also took on her older son every weekend (as his father doesn't bother with him so he needed a Male role model) and bought him clothes and food etc even though he's not my partners son ....where do we stand ?

The father of my son's mum hasn't been involved with my son since he was 3 months old. He is now nearly 7. Until we separated the father of my son never spoke to his mum either until recently. His mum is pure evil and has mental health issues she used to phone and say she was going to commit suicide if he didn't ring back (and this was when they were speaking) she has MS as well. I really don't know what to do is there anything that I can do to stop him from taking our son to see his mum? He wants to leave our son with her as well I don't have any trust in her what so ever I feel like I cant protect my son.

I have had a CSA case made against me for arrears to my ex partner. I’m happy to pay for my daughter but CSA have put an detachment of earnings order in place for £430 a month. I have an infant child that lives with me and I physically can’t afford the payments they have asked for. It is the difference between me being able to pay my rent or not . I have asked CSA to please review the payments but they have told me there is nothing they can do. Is this true? Or am I just getting moved on to cause them hassle? Thanks

Hi My ex refused to pay any maintenance He was in full time job and yet CMS failed to recover any payment from him When they finally decided to put pay and collect he called and informed them that he is unemplyed First he was trying to close the case by saying that I am not the primary carer I have sent in court orders, rental income evidence for him,letter from his solicitor stating that he has a job and also letter from my bank confirming that he didn't even make single payment I sent for mandatory reconsideration and it was rejected on the basis that they can't find any HMRC tax evidence and he sent in his bank statement I don't know what to do as I know he works cash in hand and he also recently renortgaged a flat which I also own but he keeps the rental.income from that too Please help I don't know what to do next

My ex husband had requested a variation followed by a mandatory reconsideration, both of which were rejected as he didn’t submit any evidence to support these. I suspect he is hoping to go to a tribunal and is retaining any evidence for that. I was requested during the mandatory reconsideration period to submit any evidence from my end. Would the CMS release this for him to see as part of the tribunal process or is his appeal based on his own evidence only?

I have been stopped from seeing our daughter by her mother and I cannot afford to take her to court for access. She is claiming CSA off of me but not allowing me to see our daughter. I am raising my partners son as my own and have another child on the way. Is there anything I can do?

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You would have to take this up with CMS/CSA yourself, please see the link here . It may be that CMS were taking over from CSA, so your CSA claim was stopped. However, that did not give a green light to stop paying child maintenance. The correspondence at the time would have given alternatives that you should adhere to i.e a family-based child maintenance arrangement or through CMS. It all depends upon whether you were still deemed eligible to continue paying child maintenance (i.e., until your child leaves full-time education).

I had a csa claim made against me in 2010, which I disputed but was told I had to pay for a DNA test. Anyway, for the next 5 years payments were deducted straight from my salary until September 2015, where I was told a stop was made to the payments (not by me). Today, I have received a letter from the csa advising I owe 1,738, yet it was them that stopped the payments and sent me a letter telling me the claim had stopped? This is now causing me a lot of stress because I thought this was over a long time ago! any advice would be appreciated.

This is a South Carolina case which is being dealt with by the UK court.We need to transfer it to New York for the following reasons. south carolina 0909482 YORKVILLE CAPITAL MANAGEMENT, NEW YORK LIES WITH IMPUNITY TO FAMILY COURT .I am an immigrant from Zimbabwe in the UK. I need help with a legal case based in South Carolina which has been subjected to significant perjury. The callous manipulation of truth prevents justice and has caused great suffering for an innocent little boy. Attached is US documentary proof that the court was lied to. Included is the income statement that Jenks submitted to the court. I am in a crisis situation or perhaps I would not be upturning every stone in my pursuit of justice - you are one of those stones. Please be patient and read the following forwarded emails. with thanks To Whom It May Concern0 It has become clear to me that unless you intervene neither the South Carolina nor the English court will be able to bring about a just or truthful court decision. Nicholas Jenks' details on the Yorkville Capital Management website were used to locate him in 2013. At the time New York stated that there was no one resident in New York by that name. Now there are suddenly two Nicholas Jenks - one in South Carolina and one in New York. New York referred me to Washington dc and a court case was started there. In the Washington dc court transcript (in which Mr Jenks refers the case to South Carolina) Mr Jenks states under oath that he is a freelance consultant for the World Bank (on good authority he would have been earning 500USD a day.) He also states that he has business interests in the British West Indies and in central Africa. Mr Jenks also states that he has a farm in South Carolina. However, In the subsequent South Carolina court case we hear none of this. In fact, South Carolina maintains that he is 'retired' and more recently 'on social benefits'. No explanation has ever been given for this huge financial discrepancy. It is really difficult to understand how a totally different Nicholas Jenks could have tested positive to a paternity test. It is also difficult to understand how a man with exactly the same life history as Ralph's father and whose details were used to locate him (the father) is another heretofore unheard of Nicholas The Nicholas Jenks of Yorkville Capital Management, New York. I have been told that these two Nicholas Jenks' are two different people but I have been offered no verification. Why have they not compared the social security numbers of these allegedly different Jenks identities? Why hasn't a five year tax return report been asked for? Are their middle names the same? South Carolina's counter argument is baseless and refuted both by the Washington dc court transcript and other surrounding details. I was asked to approach my 85 year old aunt (who is on oxygen) to verify my account. This is her response: To va

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You would have to prove you paid the money. If CMS are disputing this through their appeal/complaint process, please see the link here , then your only option would be to apply to court.

Good Morning. I have paid Child Maintenance to my ex wife since 2004 Direct . In 2017 the Child Maintenance Service took over the casefrom Child Support Agency . They informed me that I owed £3715.00 I had paid this direct to my ex wife monthly and have proof through the bank statements and transactions between banks , and now the ex wife is written to CMS claiming she has had no money . Surely this is classed as fraud !!!! They are asking me to the pay the outstanding amount again Help , what action can I take to stop this

I am in my second CMS appeal, having won the first (2016/17) due to the fact the respondent didn’t comply with the judges directions by sending in the bank statements requested. He is self employed and hired an accountant to declare he was paying himself minimum wage to the CMS, in order to pay the smallest amount of child maintenance. I applied for variation based on undeclared income through dividends and business accounts etc. This time he has returned the directions asking for all business and private account statements amongst other things to the Tribunal saying “addressee gone away”. He has not gone away and I have evidence of this, but what will the judge base his adverse inference on with no evidence at all for this years appeal (2017/18)?

It's disgusting the way they work .my boyfriend has always paid up until 2years ago as themother just went to the pub more and the kids got nothing.so he decided to give the kids the money.he has now a liability order which he cannot pay even though he took all the bank statements to court and text messages from the children asking for money for food etc as the mother wasn't home he paid for all his daughter's prom while the mother was away in Spain and she stayed with him.the courts never listened or looked at any evidence.just signed the liability order.its disgusting the way they work this.its affecting both our health.solicitors carnt even get involved this government is a disgrace

I have always paid for my children and the youngest is 19 this year. I have just recieved several amended csa bills one saying i have to pay £190 a week then another stating £280 a week i am not behind and earn around. £450 a week. How does this work then apart from all the benefits for the child the mother is going to recieve all this per week. My problem is i do not believe my daughter is living in the area or with her mum but with a partner.How can i prove this to csa or can they prove to me that she is living with her mum and is in full time education... Where is the help and support for predominantly fathers. Trouble is my employers will just take that money out of my wage an pay it because some people think csa is law and always right.I cannot live on £170 a week and my child has £280 christ my rent is £100 then petrol to get there so looks like i may become unemployed.. Bravo well done csa

@Unfair4Fathers -If you have your child for 175 nights or more: child maintenance is reduced by 50%. If your ex claims child benefit, then you are by default the paying parent.

I have a court order which states I have the children in my care for 7 in 14 nights and the mother has the children in her care for 7 in 14 nights. I pay half of all school trips, half of lunch money, half of any extra curriculum activities If the children are sick or on holiday the care is shared equally which is covered in the child court order. CMS still stay she is the resident parent and I must pay CMS because the mother claims Child Benefit. The child maintenance act 2012 regulation 50 says clear that this should be a special case in my mind and no maintenance should be paid, is there anything I can do? I have appealed to a tribunal.

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I am sorry to hear your husband is not coping well. As a rule, all non-resident parents pay the same. For instance if your husband is calculated as paying the basic rate and the child stays with the parent who receives child maintenance all the time, then he'd pay pay 12% of his gross weekly income (unless there are arrears from a previous debt, in which case he would be asked to pay more). His only recourse is to complain, please see link here. You can see how child maintenance is calculated via the link here. Also, he can request a variation for travel etc, please see link here . I hope you manage to sort this issue out.

My husband is heading for a breakdown and I’m distraught , the CMS are taking far too much out of his weekly wage for one child , after weeks of telling them it was wrong , they agreed that on his current earnings it was too much and would review it......today his new payments came through for even more money , with lots of unexplained charges and unexplained arrears. How can this happen in our country in this day and age....how can a department just decide an amount with no reasoning behind it and not have to answer any questions or tell you why , and also tell you different things on a daily basis.....we will end up losing our home which is rented as we cannot afford payments for long.....we aren’t young either , late fifties......my husband sobbed his heart out and I’m ill with the stress....it’s also preventing him from visiting his kids as we live so far apart and he will not be able to afford the petrol ......he has never missed his visits ever since his divorce(his ex wife was unfaithful) ....dear Lord is there no one who can help ....Inreally believe he will have a heart attack and I’m so scared..... He works nights driving three times a week for 8.00 an hour , we are not rich!

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You would have to try to resolve this matter through the link here . You can also see more via the leaflet here , which tells you what legally can and cannot be done.

is it legal for the cms to collect arrears from the old csa system when the csa case was supposedly closed around 6 years ago? when it was supposedlyclosed I had apparently built up £1500 in arrears because they had messed up with wage reviews, doing a review in august 2011 of October 2010 wage slips.at the time my ex agreed to go to direct pay between ourselves as I couldn't afford the £200 a week the csa wanted to take from me. and I agreed I would pay for more things to help out and have my son more times per week, which has been no problem for like 6 years util now we both received a letter from cms, but now its changed over the cms say I still owe this money, yet we both thought the case was closed and havnt even heard anything about the £1500, they are threatening me talking about court action or selling my property or removing my driving license ( for some reason) is this legal?

@Frecks - if you have proof your ex earns an income, then you can take it to court. A court will analyse his income more more thoroughly than CMS will. But it has to be based on a taxable income, not assets the court won't take these into consideration when working out child maintenance.

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Your only recourse would be to complain directly to CMS, please see link here . I suggest you do not stop paying child maintenance currently, as regardless of whether you are supporting your daughter directly you could be subject to arrears and have to pay this money to your ex, if CMS rules in her favour. I would be interested to hear the outcome of this matter and whether CMS can take the ruling into its own hands and on what basis, even if child benefit payments have stopped. Please keep us updated.