CMS Complaints, Appeals and Tribunals

Originally written by Abigail Saltmarsh, updated by the editorial team on 25th May 2026

When Things Go Wrong with Child Maintenance

The Child Maintenance Service (CMS) helps separated parents arrange financial support for their children. These payments can help with essential expenses, from school uniforms to household bills.

Most cases run smoothly, but problems do arise. A calculation might seem wrong, payments may not arrive, or you might feel the CMS has handled something poorly. When this happens, you have options: you can complain, ask for a mandatory reconsideration, or appeal to an independent tribunal.

Each route serves a different purpose, and knowing which one applies to your situation will save time and frustration.

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Making a Complaint

A complaint is the right step if you are unhappy with how the CMS has treated you or handled your case. This could include poor communication, unreasonable delays, staff behaviour, or administrative errors that caused problems.

Start by contacting the team that normally deals with your case. Many issues can be sorted out at this stage with a phone call or message through your online account. If the problem is straightforward, it may be resolved immediately.

When the team cannot fix things directly, your complaint will be passed to a dedicated complaints team. They aim to respond within 15 working days, though complex cases can take longer. You should receive updates throughout the process.

If you remain dissatisfied after this, you can escalate to the Independent Case Examiner. This free service reviews complaints about the CMS and certain other government agencies, but will only consider your case once the CMS's internal complaints procedure has been fully exhausted. The examiner can recommend remedies, including apologies or compensation for poor service.

You can also ask your MP to refer your case to the Parliamentary and Health Service Ombudsman once you have exhausted other routes, though this is not guaranteed to influence the outcome.

Some families also find mediation helpful for resolving ongoing disputes about child maintenance arrangements, either before or alongside formal processes.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Challenging a Decision: Mandatory Reconsideration

If you believe the CMS has made an error in calculating maintenance or reached the wrong decision on your case, a complaint is not the right route. Instead, you need to request a mandatory reconsideration.

This is a formal review of the decision by a different CMS officer. You must request it within one month of receiving the decision letter. Extensions may be granted in some circumstances, but these are not guaranteed and usually require a valid reason or new evidence.

When making your request, explain clearly why you think the decision is wrong. Include any evidence that supports your position, such as payslips, bank statements, or documents showing your living arrangements. The more specific you can be, the better.

The CMS will look at the case again and send you a mandatory reconsideration notice explaining whether the original decision stands or has been changed.

Appealing to a Tribunal

If you disagree with the outcome of the mandatory reconsideration, you can appeal to the First-tier Tribunal (Social Security and Child Support). This is an independent body, separate from the CMS.

You will need to submit your appeal within one month of receiving the mandatory reconsideration notice. The tribunal will consider your case based on the evidence and the law, and you can submit new evidence that the CMS did not previously consider. The tribunal can change the CMS decision if it finds an error was made.

While appeals are free, some individuals choose to seek legal advice or hire a solicitor given the complexity of the process. Citizens Advice and other organisations can provide guidance on preparing your case.

Tribunal hearings may be held in person, by phone, or by video. In some cases, the tribunal will make a decision based on paperwork alone, without a hearing.

For current information on time limits, forms, and procedures, check GOV.UK. The rules can change, and official sources will have the most accurate details for your situation.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Child Support Rights Checker lets you answer a few questions about your situation and get a clear summary of your child maintenance rights and options. Try it now →

91 questions

Ask Child Support Laws a Question

ChildSupportLaws Editor 27/08/2026 at 10:00 am

@Daniel You're right that the system leans heavily on the receiving parent's word, and it's exhausting when you're unwell on top of it. For the income issue, insist on a Mandatory Reconsideration in writing within a month of each decision, then escalate to HMCTS tribunal yourself. You don't actually need your MP to do this, though they can chase delays. On shared care nights, sadly CMS treats a court order or clear written agreement as evidence, so get her email confirmation saved and resubmit.

Daniel 27/08/2026 at 9:49 am

Hi Many thanks for getting back to me, I have done this in the past but I put in change of income rather than mandatory reconsideration. Nether less my change of income should have been at least acknowledged as I was earning a lot less and they have direct access to HMRC correct. Each time they rejected my change of income. They can pick up the correct income via HMRC so can see the calculation is incorrect and they tell me this on the phone. But the battle I have to go through to get things changed is so draining and I am not a well person suffer with auto immune disease. But apparently I now need to ask my MP to raise a case to take the CSA to tribunal to get the arrears taken off. How can this be a fair process for a parent when my ex wife who raised the initial case can continue to lie about access and payments and is believed without having to provide anything. I cant get the shared care nights changed without a new court order. Even though my wife via email has agreed to the change this is not enough evidence not legally binding so continues to squeeze more money for nights she doesn't actually have the children, the whole system is broken and not fit for purpose.

ChildSupportLaws Editor 26/08/2026 at 10:00 am

@Daniel That's a genuinely awful situation and sadly a common one with CMS. Your route is to put in a formal Mandatory Reconsideration on each calculation you say is wrong, and if refused, appeal to the First-tier Tribunal (SSCS), which can actually order arrears written down where CMS used incorrect income figures. Get all the acknowledgements of error in writing, and consider a complaint to the Independent Case Examiner alongside it. Citizens Advice or a family law solicitor can help package the evidence before your financial settlement is finalised.

Daniel 26/08/2026 at 9:58 am

I have had massive problems when I have been out of work and then going back to work with CSA using an out of date tax year as their calculations and then asking me to pay xyz weekly when I get paid monthly. This results in spending weeks to get this changed to monthly and then again to the right amount. In the meantime I have incurred arrears at no fault of my own. They can't manually be removed even though the CSA have acknowledged its an error. But this has happened time and again over the last 4 years where I now have £13k of arrears which should not be there due to the system using wrong calculations, wrong payment plans and taking too long to adjust to the right figures. How do I get these arrears taken off as my ex wife is now using them against me in our financial separation agreement.

ChildSupportLaws Editor 17/05/2026 at 1:33 pm

@Another 5050 dad That "primary carer = whoever gets Child Benefit" default is the real scandal here, and CMS staff know it but their hands are tied by the regs. Take her written agreement to the tribunal, judges tend to give that proper weight even when CMS won't. Also push hard on the shared care band; day count evidence (school runs, overnights, holidays) can knock the liability down significantly or to nil. Worth requesting a Mandatory Reconsideration in writing first with all your evidence attached, as it preserves the paper trail for appeal.

Another 5050 dad 10/07/2023 at 10:00 am

£537.11 a month when I have fully shared care in every aspect. Decision made solely on the lies told by the ex and that she gets child benefit (cb charge means it would be lost from my daughter if I claimed). We agreed a family based arrangement, and she put in writing no child maintenance would be paid - but her own words were "insufficient evidence" apparently and she somehow remains the primary carer. There is no aspect of my daughter's care that we don't fully share. Well, apart from the fact that she refuses to share costs for anything I've paid for of course. Having to go to appeal, and if that fails mediation and court. They encourage us to use family based arrangements, but when the mother reneges they force fathers through the system. CMS even admitted to me on the phone that they always go with the mother's word, even though not one of their agents believed any maintenance should be paid.

Another dad treated 30/10/2022 at 6:01 pm

Another 50/50 dad checking in wondering why he is having to pay any CMS when it’s quite clear than having. 50/50 means day right day care is split equally.

Pead 29/05/2021 at 9:36 am

The csa system is a joke i was paying my ex csa even tho she had stopped me seeing my son for years then one day at work social services rang me my sin had been beaten by his stepdad who broke his collar bone according to social services this was not the 1st time and they was taking my ex to court and asked if id go in and have an interview so i travelled back jumped thru all there hoops and was told if i took my ex to court for custody they would support this which i did and on day of verdict which i may add was going my way the ex strolls in with a smile from ear to ear throws papers on the desk she had been to another court and swapped custody from her ti her mom and dad the judge demanded an enquiry over it as was not meant to be possible never heard any thing else over that but the grandmother has seen chased me for csa but only me the mother as never paid a penny how is this right or fair my son came to live with me then when he was 15 and i had him till he moved to his own place at 21 why or how is this fair im the one they constantly chasing and harassing theres got to be something i can do i support my wife and her 2 kids and pay for another directly into her bank account

Bizarre 18/05/2021 at 5:21 am

Contacted by the CMS and asked to prove that as I was made unemployed and even though I had a P45 that I had still to prove I had no employment.

Gerard 23/01/2021 at 2:55 pm

My Ex has now put me on child support after every week i give more than i am suppose to, i have been supporting my child and have been buying 90% of everything for my child, she has dumped me, fought her family physically and also stopped me completely from seeing my lovely beautiful baby...I have begged to support her in everything not only financially, but also emotionally, i have written to her the importance of a father in a child's life and all she does is send verbal abuse, I told her we will be going to court about this then. ALL of a sudden child support services has sent me a letter demanding money from me, After all money sent via BANK TRANSFER with reference to my daughter. If she goes through CMS she will get less than what she demanded, HOW STUPID. How can women treat supporting fathers like this. My ex's mother still adores how i look after my child to this current day, and i am so good with her family.

Frustrated with the 03/11/2020 at 3:53 am

I found CSA to be very helpful when I first split with my ex in 2008. They gave him a chance to pay but when he still refused 6 months later, they managed to get an attachment to earnings order set up. I had no issues and received regular payments for years. That was until CMS took over.

They decided that as his wage had increased, that he should pay more. They notified him and he said he wanted to make a direct payment as opposed to take from wages. I asked for it to come from wages because I knew he had no intention of paying. They said they had to give him a chance.

While this was going through, the CSA's attachment order was still in place. Understandably he did not want to pay any additional money until that was cancelled. CSA said they had sent the appropriate paperwork through and it should have been cancelled. CMS said they didn't have the paperwork through to cancel it. Eventually it was cancelled and CSA gave the money they collected to CMS. I was told by CSA the money was to come to me, CMS gave it to him. Over £2000. After weeks of chasing I received £800 and he was not making any regular payments.

After months of messing around, I asked CMS to deduct payment from source. They did eventually get something in place, however it was for the same amount and then they deducted their fees from it. I contacted CMS and complained. I was robbed off with 2 week investigation which found I received the correct amount. I questioned again if I should be paying his fees, was told no. Another 2 week wait and no-one got back to me. I called again and was told no I shouldn't be paying and was left in limbo again while waiting for a case handler to call me back. Then all payments stopped. I rang and again a case handler would get back to me.

Before the case handler could call me back, my daughter received a message from his sister saying tell your mother she won't be getting another penny from your dad, he's left the country. I informed CMS, who insisted they had no knowledge and would investigate. Months pass and the feedback I received was that they believed he was still in the UK. I asked for the fees I paid back and was told it should be returned and needed authorising. It never happened and I gave up trying to contact them.

Today I received my yearly statement through reminding me that my children are owed thousands of pounds and that the CMS had sent the paperwork to his address, which we know he doesn't live at anymore. I have issued a complaint through the online service but once it was submitted a message appeared stating that due to Covid 19, complaints are not being routinely looked at and someone will be in touch as and when there is time. I am frustrated and let down by the system. He is never go to pay. The best they could do is return the fees and freeze the account until he is located. They yearly reminder that we've struggled without help is seriously damaging my mental health.

Chez 10/06/2020 at 4:28 am

Covid 19 does not affect my self emoyed ex as he refuses to work whilst he dodges his support. But why dont cms chase payments he has decided to not pay and cms saying wont chase missing payments till pandemic over this coukd be months and months .he has logged numerous mandatory requests and now to tribunal to avoid paying he lives of a huge pot of money called dividrnds .eill he win the appeal .we are struggling financially .feel very let down

Chris 06/06/2020 at 5:48 pm

Cms deducted money from my isa even know i have a court hearing of appeal, that is illegal to take the money out until hearing is over?? Is this correct or can i take action for this??

unfair 20/05/2020 at 8:42 am

Can someone please explain to me how after taking my ex to court and managing to get 50/50 shared care for my daughter that I still have to pay CMS? I find this baffling as we both work she receives child benefit (which I don't), she lives with her parents whereas I have had to move city to be closer to my daughter and now have rent, council tax, bills, car finance, student loan etc etc. The only person this is truly effecting is our daughter as this means I do not have the funds to spend on her while with me. Growing up, she will clearly start to feel this and it will surely impact her feelings towards me as she will be thinking that her mum cares more and is more fun as she will be spending more on her than I would be. I will not be able to go on holidays with my daughter whereas her mum can now easily afford this. What can I do????

Si 17/04/2020 at 3:12 am

Hi I’m absolutely astonished with cms service as I split with my ex and she started claiming cms on September 2019 which was 161 a month i had struggled to pay September November and December January as had attachment of earnings that was bills my ex didn’t pay but they taken February and March from earnings at 270 so after fees I’ve paid 112 of arrears now don’t get me wrong I will pay as for kids but 4x161=644 then minus 112 arrears should be 532 but they saying I owe 795 which is just arrears to me is wrong and absolutely disgusting as I have 50/50 custody now how on earth do they think 263 pound is not going to be noticed

Deb 20/09/2019 at 10:18 pm

My partner split from his ex jan 2017 he walked out of their home and she moved her new partner in 3 days later. She had all his accounts and went on cms website and input what she thought was his net figure which actually was his gross but could not check it as she had the figures. He paid her £520 a month voluntarily when he met me I said that seemed a lot. His accounts were not up to date due to her having everything so they went off last fig of Hmrc. It was £163 a month. Then it got put to a financial investigator because of his income which we updated and provided he was happy and passed it back to cms to work out. It took them 2 months to come back with a figure of £140 a month which included some arrears but not sure what. Get a text in July next 3 payments will be £499 a month! Ring up say it’s arrears. We challenged it as he had already overpaid her nearly £7 k voluntarily. They rang and said if you don’t hear from us by 1st of month pay normal fee ie not with arrears on. We did this, went on holiday. Came back to a letter saying we have 7 days to provide evidence of not paying arrears which had passed . Rang up said could we have extra time to send in. He said he would try. Next day received a letter because he missed £23 payment which he was told not to pay he’s not on Collect and pay or provide evidence why. Wrote letter saying what they said and said we would pay it but not going to collect and pay. 2 days later received letter looked into complaint and sticking to £1k arrears so not even got our evidence. Next letter we have collect and pay arrears even though not replied to our letter and arrears gone up to £1400 even though we have not missed payments. Received next letters for annual review £200 including any arrears so where has £1400 gone but another letter saying still owe it. Spoke to them today apparently arrears gone up as receiver saying we missed a payment when it clearly shows it coming out of his account. It’s a farse and causes so much stress !!!

Angry mam 19/09/2019 at 9:53 pm

I knew my ex was receiving universal credits I informed cms of this and they said they had no record of this I then put in a complaint as I saw msgs on phone to log onto his Uc account therefore I started to receive a big £7 a week my ex then started to work around one Yr later I informed cms of this and his employers address for over a mth I rang cms to check progress I just kept getting told they are trying to contact his employer the employer has two weeks to respond if they don't respond by two weeks will try to contact again. I asked the cms can they not get details of earnings from hmrc and they informed no I then put on another complaint then all of a sudden a week later I received notice of my new award of a whole & 7 a week as they worked out his earnings as £70 per week I know this is not correct I have now put in a mandatory reconsideration and will appeal that if have to as I know earnings are over £200 a week I feel the cms have not done job and just get fobbed off and lied to I asked how they got his earnings and last lady said by hmrc but previously said they don't contact hmrc shall I also put in another complaint as well as mandatory reconsideration I spent dlso much time ringing sending msgs waiting half an hr to answer phone when I could be spending time with chikdren if they just did job in first place

Feel lost 12/07/2019 at 12:52 pm

My partners ex decided to start claiming after years of being happy with the payment for nearly £400 a month CSA came to us with a figure they apparently got from HMRC (this is a lie and have letters from HMRC saying it’s incorrect) but this is amount is nearly £10,000 more then his p60 and £20,000 more then his basic wage which means they want nearly £200 more a month which will cripple us we physically can’t afford it with 3 of our own children and a house and bills we’re having to appeal as they said they won’t look at a it again as it’s not 25% but surly they would need to get the figure right in the first place? How can they just make one up? We can’t be the only people this is happening to I feel completely lost and just hoping by appealing a judge will see our side :(

SS 10/05/2019 at 10:11 pm

I was informed by CMS in January 2018 that my ex husband was working, despite me only receiving the flat rate (£2.50pw per child). It took until the end of August 2018 to get a proper payment, despite being strung along for months by the CMS and being promised payments. By the time I got a payment £2000 of arrears had accumulated. There is now a deduction of earnings order in place.
Since August payments have been eratic and varied and in 3 separate months I haven’t received a payment at all.
When chasing the payments the CMS have been continually unhelpful, obstructive and provided inconsistent information.
However it appears that on the months I haven’t received a payment the CMS have withheld my payments despite receiving them from the employer. It appears that the employer pays a bulk payment to the CMS each month as he has several employees who have deduction of earning orders. If there is an issue with any of the payments that is paid in the bulk payment they won’t realise anyone’s payment until it is sorted. So my payments have been withheld for long periods of time because there is an issue with a payment on another case that is totally unrelated to my case. I am currently pursuing another complaint and I have informed my MP about this ongoing issue. The CMS are currently withholding a payment they received from the employer nearly 4 weeks ago and they won’t explain why or release my payment.
It’s a joke!!!!

EileenH82 10/04/2019 at 2:26 pm

Since January 2019 I asked Cms to open a case against my daughters adoptive father
After a few days of confirming with their legal team about whether or not they can pursue a claim they contacted me with their decision. Not long after that they sent me a calculation of what I will be receiving from then on I have received nothing. The adoptive parent requested a mandatory reconsideration a week before the first payment was due. This was on the 5th of March that I got the news but they told me he should still pay until they complete their investigation. He has not paid and another payment has gone unpaid and cms still tell me they're waiting on more evidence to come in. He is getting away with not paying and cms are happy to take their time with my case. 2 months of them doing a mandatory reconsideration is a joke as his wage is not different so what can I do to get my money?

Ryan 27/03/2019 at 8:14 pm

I’m still paying 90 a week for my daughter who works and finished full time educational 2017!!! . Currently waiting for my appeal date. Absolute piss take. My 11 year old has been on holiday once it’s not far

Kate 22/03/2019 at 8:57 am

I'm being made to pay 33 a month towards my ex petrol for his travel expenses.
He has our son 2 nights a month.
He also doesn't actually travel in the varnhes told the CSA he drives down in.
I appealed the decision and they said there was.kot enough evidence to support my claim however I can't see jowy ex has evidence to say different. I have a picture of him in his work car picking up my son and also a video of him stating he's in his work car. His work pay the petrol for this car. So effectively I'm 35 a month short to pay for petrol costs he doesn't pay for.
I have to now go to a.tribunal if I want to appeal again. Can I have some advice on the best way to state my case please. I'm not sure where to start.

kenroy 15/03/2019 at 4:20 pm

I have been paying child support into both of my kids Bank accounts in the sum of £160 per month the combine figure since April 2018 to December 2018. This is not in dispute and children mother accept receipt of payments.

I have always maintained payments each month, I received a letter from CSA for non-payments, however I sent proof of payments via the CSA Client Portal. Therefore, I can't understand on what grounds CSA sent deduction from earnings order (DEO) to my employer. I received 2 letters dated 23rd November 2018 from CSA about issuing of DEO

When I called CSA I was told by the gentleman I spoke with that the DEO was sent to my Employer due to non-payment of child support since June 2018, he acknowledge receipt I sent of all my Bank receipts confirming Payments into each of the kids bank account and further stated that the Children mother accepts the payments are for child support, however because I paid the money into the Kids account and not the Mother accounts, he doesn't accept those payments hence the reason for the DEO.

Furthermore, a previous child support case that was cancelled by Children Mother in 2012 which she obtains a Court order 2009 without my Knowledge of the case for the sum of £9,000. CSA has brought forward and included in DEO. From speaking to a Elaine of CSA I was told that if a case is cancelled then there should be no money owing and such balance should not be brought forward into a new case.

The DEO should have never been sent to my Employer as I did not stop or refuse to make child support payment. This is causing me great financial burden and I am unable to support my other 3 Kids, it is not fair for 1 Mother to get £540 per month and the other 3 Mother gets nothing.

I made numerous phone calls to CSA since December 2018 and each time I am told they will ask the person dealing with the case to call me back. This has never happened

Unhappy 09/03/2019 at 7:14 pm

Here we go again. I have been paying child support to the child support agency for over 25 years. I am one of the Fathers that was abused and insulted by the CSA many years ago when they made a big mess of things. At that time you could not pay your partner direct it had to be paid to CSA and then your partner did not receive the full amount you paid anyway. It was totally unfair to your partner as she was not receiving any payments as it was taking the CSA years to sort out the mess they made. Therefore I am still paying arrears not to my ex partner who I do not know where she lives or whether she is still in the country but to the State who messed it up. I have paid every month without missing one payment but now it has been transferred to the Child Maintenance Service who tell me they do not have a record of my payments as they have not been received this details yet from CSA. My son is now 31 years of age. I do not know where he or my ex partner is as I have not had contact with any of them for over 25 years. I am not refusing to pay my arrears I just need the correct details to do pay this in instalments . I will continuing to pay the arrears to the CSA because I do not want them to say I have not paid. I have a copy of every payment made.

Do you remember all the protests that was done many years ago back in 1990s. Well here we go again.

Oh and some people who have arrears from many years ago have received letters to say due to circumstances they are cancelling their arrears. Well I have not

Well I am now semi retired so what happens now. I am sure they are hoping I live into my 100s so they can continue with this mess

Dotty 23/01/2019 at 4:24 pm

I divorced my husband in 2013. Along with the divorce, my ex was was given a court order for spousal maintenance. He paid this for around two years and then I received nothing. My solicitor suggested using the Child maintenance Service. At first my payments (using the collect and pay service ) were 28 pound a month! I disputed this and it is still currently being investigated by the CMS Financial investigation team with no real results. Payments are now calculated 128 a month. The problem is, my ex opens companies under his name, is listed on sites as a director, and more recently he has dissolved his various companies, and is no longer listed as a director anywhere.. His new partner now has a company in her nam at her home address where they both reside. When you search the company on google my Ex's phone number shows.If you call the alternative contact number he also answers. He claims he is earning 13,600 - below minimum wage. When the CMS ask for details of employer for deduction of earnings, they have no information. They cant seem to obtain who he banks with, and despite me telling them they wont accept that the address they have on file is his late mothers. If you google the previous address it even tells you that the property was recently sold. My ex goes through stages of paying and not paying and has done for 7 years. He sets up direct debits and cancels them to make a card payment. He then says he has had a problem with his wages or problem with the bank, and he will pay by cheque!!!! Inevitably the cheque bounces!. Yet still the CMS give him extension after extension to pay and no payment is achieved.Where do I go from here?

Now struggling! 19/12/2018 at 4:49 pm

My partners ex decided to go through CMS and I support parents should pay and everything else. However my partner handed his payslips over and had done over time one of the months.. He earns £940 and they are saying he needs to pay £214.

That is outrageous! He has around £760 outgoings and this will bankrupt him, I am currently on benefits due to work being quiet at this time of the year and because we have a spare room for the two little ones we wont be getting any HB due to bedroom tax. So after UC I wont even be able to cover my own rent. (500pcm). And he will be -£20 due to this incorrect calculation off a job he had over 2 years ago.

We have appealed and they just recalculated it the same again. First he will loose his car and because he will loose his car he will then loose his job and then we will loose the house making us homeless!

Please tell me why on earth calculations are not taken from current earnings?

Julie Brown 18/12/2018 at 12:42 pm

I have been trying to claim child maintenance from my ex for 4 months now , they told him an amount he had to pay using direct pay but hasn’t paid a penny, after many phone calls I have eventually go them to agree to take it straight from his wages but as he has asked for yet another mandatory reconsideration they say they can’t collect from his wages until they have sorted that out even though I was told by 2 people ( 1 a manager) from child maintenance that because he hasn’t paid a penny in the last 4 months the collection from earnings can go ahead along side the mandatory reconsideration , now they have changed there minds again and said they have to deal with his reconsideration first . He leaves it until just before the dead line then asks for a mandatory reconsideration on something else , it’s never ending. I would like to know if it is possible to collect from earnings while a mandatory reconsideration is going on if he hasn’t ever paid a penny in child maintenance. Every time I ask them I get totally conflicting information

Gs46 02/11/2018 at 12:03 am

Having been left to bring up my 2 kids my ex wife was not forthcoming with payments. It got to the stage of having money taken via her employer which lasted a whole one payment. After constant contact with cms they told me they were in contact and asking why I’ve not been paid. No outcome or payments arrived. In July I was told they had re scheduled payments to start in August. I’ve had 2 payments and now it’s gone back to not paying. On calling them today all I got was the same old story. Is there nothing they can do to force payments on a regular basis or is it pot luck whether I can feed my kids.

Jase 05/10/2018 at 3:07 pm

Hi there, i pay my x wife directly through the CM, my elderst son has told me you 19 yr old has now finished college and is working so I stopped payment, today the CMS contacted me to say i need to pay but told them about him finishing college, they said i still have to pay as my ex said he’s still at college, I asked what proof they have he’s at college there reply was she’d told them, i asked for proof he’s still at college because if so I’m happy to pay they said they don’t have to proved any. Is there anything i can do?? I even called the college to see they won’t tell me because of data protection.

Hadenough 03/10/2018 at 8:22 pm

How long does it take to receive a statement of reasons from the judge after a tribunal hearing?
We have been trying to start the appeal process for the last 8 months. Should I contact someone higher?

Law 09/08/2018 at 10:44 pm

@BBB - thank you for your reply bbb however you are definetely not correct about that. The cms eventually closed the case down too because They eventually believed she was living abroad. They Also confirmed to me that CM is not claimable for abroad however there are certain exceptions, none of which my ex meets. That information is easily available via a google search... also, my post was advice on the best way forward to deal with my complaint which you haven’t helped with at all but thanks for your input.

BBB Editor 09/08/2018 at 2:59 pm

@Law - your ex is entitled to claim child maintenance from you while living abroad. You still have to pay towards your child regardless of where your child is living. That's why CMS were possibly not that bothered what address she was living or that she was lying at as you'd still be required to pay. Basically, at the end of the day you have to pay child maintenance. If you think you don't (for whatever reason) you're fighting a losing battle, just saying. It sounds like what you are doing is picking out discrepancies in order to get out of paying. Trust me, CMS or anyone else is not interested in this. You have to pay, they get the money, full stop.

Law 07/08/2018 at 4:55 pm

i have been through the cms complaints procedure and am not satisfied with their response and I’m now unsure whether I need to ask the independent case examiner to look at it or go straight to tribunal. My complaint involves them forcing me to pay cm whilst child and mum were habitually living abroad even after I provided the sufficient evidence, they were happy that when mum rang them she confirmed an English address through security and that was sufficient for them. Mum has now admitted to them she was lying and they’ve taken no action which is another part of my complaint. I’m also disagreeing the closure date and their failure to create an overpayment even with the date they have closed the case from. mum also didn’t provide them with the documents they requested ie; letter from sons school to say he was attending yet after admitting she was lying has opened a new claim still without those supporting documents which I now have to pay, again another part of my complaint. Their response basically says they’ve done everything correct... wondered if I need to use ICE first or if tribunal will accept my case to appeal those specific decisions? Any advice will be appreciated ??

ChildSupportLaws Editor 31/07/2018 at 10:07 am

Unfortunately, we cannot issue anything that will help your case as we are not specialists and cannot give personal advice. The CAB link here should help answer your question.

Nate 30/07/2018 at 12:12 pm

Hi there, I was divorced in 2012 and re-married in 2014. My ex-wife has not allowed my children to see me since early 2014 though my family and I have tried everything we can to maintain contact and provide for their upbringing. Unfortunately I lost my job in 2013 but managed to secure a little freelance work - 3 to 4 months a year in 2014, 2015 and 2016. I've since been unable to secure any work since June 2016, and still unemployed, largely due to depression but also a shrinking industry. My wife is in full-time employment and kindly helps with a small contribution to CMS each month. However CMS have been claiming more than £12k in unpaid arrears since 2016/17 based on HMRC data from 2013 - when I was last employed. Despite my sending them a letter in July 2016 informing them of my unemployed status (followed by phone calls and additional letters), and several Mandatory Reconsiderations since then, the CMS has continued to insist that I owe them these arrears, which are based on 2013 income. For 2017/18 the CMS issued a 'nil rate' calculation, but have just issued the 2018/19 calculation with roughly £41 a week due during 2018/19 - which I don't understand and have requested a Mandatory Reconsideration (here we go again). I am now taking the CMS to tribunal for the £12k arrears. I am very very anxious and depression is at its worst ever. Is there anything you can advise to help me with presenting my case, in addition to the information provided above in your article? With many thanks in advance.

ChildSupportLaws Editor 17/07/2018 at 12:04 pm

Firstly, the fact your step-children's other parent does not provide for his children has no bearing on your case. This is a completely separate issue that will be disregarded by CMS as it is between your wife and her ex. Child maintenance has a uniform approach to all non-resident parents. On the basic rate, if you’re paying for one child, you’ll pay 12% of your gross weekly income, two children 16% and for three or more children, you’ll pay 19% of your gross weekly income. There is no negotiation here, unless you and your ex come to a family-based child maintenance arrangement. CMS does not calculate for outgoings only taxable earnings. The fact your award went through court may be applicable to the 12-month rule. It means consent orders made after March 2003 are only valid for one year. Once the year is up, the resident parent can go to CMS for a reappraisal. This is because many court orders did not keep in line with inflation or wage rises meaning resident parents received less money as time went on (in relative terms). I don't wish to be the harbinger of bad news, I am merely stating facts which relate to the questions you have asked. This may be why CMS is not responding i.e you do not have a case for complaint. The fact your ex has not been to CMS previously means you have had an arrangement for years that falls short of the child maintenance calculator (which can be found online) and which estimates the amount of child maintenance you should be paying. It could be looked at that you have been underpaying for years and in fact have gained through your previous agreement. Likewise, your ex does not have to consult you if she wishes to apply via CMS. The reason why CMS does not look at what is affordable from the NRP, is that many NRP's would bump up their outgoings deliberately in order to avoid paying child maintenance. Likewise, it was changed from calculating on net income to gross income because many NRP's were sidelining earnings into private pensions to avoid paying. This is possibly not the answer you wish to hear. My aim is to clarify the situation. I hope this helps.

Broken 16/07/2018 at 3:51 pm

My ex wife and I had an arrangement through the CSA which later defaulted to a private payment. This has run well for some years until she contacted the CMS. The CMS have just walloped me with a 70% increase in payments with no justification, admittedly there has been about an 11% increase in salary over this period so I expected some increase. The application was made to the CMS without any reference or contact requesting an increase through the existing agreement. The previous arrangement is documented in the consent order to the divorce. During intial contact with the CMS I was told "not to worry", before being hit with the 70% increase which now causes financial hardship and has the potential to destroy my second marriage.

I have complained to the CMS in writing four times since April 2018. None of my letters are responded to, and they continue to terminate my calls or refuse to put me through to the complaints resolution team. In desparation, I contacted my MP and the CMS provided the wrong date to the MP in relation to my original complaint.

This is an organisation that applies broken policy and broken procedures with total disregard to what is affordable, and its staff hide behind these. As background I provide for three step children through my second marriage with no significant financial contribution from their father. Something is wrong.

pob 15/06/2018 at 8:01 am

my wifes ex parner has been re aveluated since changing from css to cms he has appealed new amount but she has recieved no money for last 3 months is this right or should she be recieving some money whilst appeal is going on ? not getting any straight answers of cms

Pete Editor 22/05/2018 at 3:09 pm

@Jaime-lea - you should benefit from your ex's rise in wages, when child maintenance is reviewed again.

ChildSupportLaws Editor 23/04/2018 at 2:17 pm

If you feel you have been treated unfairly, you can appeal/complain via which

Johnmack1 21/04/2018 at 2:26 pm

Hi, since CMS has taken over from CSA payments gone way up, no issues with making payments, have done so the last 18 years, but the figures they have are outdated. I’ve spoken to them and sent in payslips and they tell me that there is only 24% difference, not the 25%. My pay has reduced further, im going to sent these new payslips in, what can I do, if anything?

Godders71 22/03/2018 at 6:30 pm

Hi

Currently waiting for CMS Tribunal date. Judge has sent ex a direction to provide all audited business accounts, plus all bank statements both joint & sole within 28 days. Letter came from Tribunal service that he’d written telling the judge that he would supply the financial information the day before or on the day of the tribunal because he didn’t want me to see his finances. What happens if he ignores the judge’s direction? Personally I couldn’t give a flying fart about his finances I just want him to pay what’s fair & proportionate for his children.

ChildSupportLaws Editor 20/02/2018 at 10:35 am

Much depends upon the terms of the order and what it specified. Theoretically, if your court order contained an agreed order for child maintenance and was made before March 3, 2003 you cannot opt out after 12 months (and refer the matter to CMS). If your order was made after March 3, 2003 you can. It would be best to seek advice from a solicitor regarding whether it is advisable to refer the matter back to court for a decision.

SEL 19/02/2018 at 2:33 pm

Following divorce 6 years ago - 2 children ages 12 & 17 Consent order states Child Maintenance is payable until age 18 - ex has gone to CMS who say only assess up to age 16 - The older Child is NOT in education Does that mean Court order still stand for older child until age 18? or is Court Order discharged?

SEL 16/02/2018 at 4:15 pm

Following divorce 6 years ago - 2 children 12 & 17 Consent order states Child Maintenance is payable until age 18 - ex has gone to CMS who only assess up to age 16 - The older Child is NOT is education
Does that mean Court order still stand for older child until age 18?
or is Court Order discharged?

ChildSupportLaws Editor 16/02/2018 at 3:48 pm

As far as I am aware and as stipulated by CMS, a person can ask for a statutory child maintenance arrangement as long as: the person asking to receive child maintenance has the main day-to-day care of the child and lives in the UK, and the parent expected to pay child maintenance lives in the UK, or works in the civil service, the armed forces or for a UK-based company, and no court order is in place from before 2003, or there is a court order from after April 2003 but it was set up more than 12 months before the application. The child named in the application is: under the age of 16, or between 16 and their 20th birthday and undertaking full-time, non-advanced education, or between 16 and their 20th birthday, registered with certain types of government-approved training courses, and child benefit is in payment. Please see CMS whichTherefore, you would have to ask CMS again directly.

SEL 16/02/2018 at 3:38 pm

Following divorce - 2 children 12 & 17 Consent order states Child Maintenance is payable until age 18 - ex has gone to CMS who only assess up to 16 - Does that mean Court stands for older child?

ChildSupportLaws Editor 25/01/2018 at 3:11 pm

If your daughter is working, she is working for pocket money, not full-time. Therefore, if the other parent is still eligible to claim child benefit for your daughter, then you are still eligible to pay child maintenance until your daughter finishes the course.

Jacko 23/01/2018 at 6:44 pm

Hi
I have been paying for 1 child for the last 18 years through csa, CMS took over this month and the payment has more than doubled, my daughter is 18 at college and working, should I still pay if she's working as well as college, it don't seem right

ChildSupportLaws Editor 22/01/2018 at 12:03 pm

Each parent's circumstances are taken into consideration when assessing child maintenance. If your husband's ex wasn't working, then she would not have been eligible to pay child maintenance. If your husband wished to have chased her, he could have done so through the Reciprocal Enforcement of Maintenance Order (REMO) Unit. However, as circumstances have now changed, then your husband's ex has every right to attempt to claim child maintenance from the non-resident parent. Every resident parent has the right to claim from the NRP. Therefore, it depends upon the NRP's taxable income assessed at the time. Also, child maintenance is not based upon assets, but upon income alone.

FedUpOfBeingTakenFor 21/01/2018 at 8:17 pm

We are currently contemplating appealing the payments set out by the CMS as their annual review figures don't match the monthly payment figures (and some random phantom arrears seems to have appeared). My question is - it is made clear that as a result of an appeal, payments could increase as well as decrease - when your appeal is lodged, is it worked out on the previous tax year i.e. the same as your annual review information, or is it worked out on up-to-date real time information? I would be very grateful if someone could clarify that for me. Many thanks.

Gator 21/01/2018 at 5:30 am

My husband and I have paid maintenance to his daughters mother with no questions even though for the most part my husband looked after her 4 nights per week. The child’s mother has since had a daughter with another man in this country then when my step daughter was half was through her GCSE year went to America and left her with us. Although she sold a house while out of the country she refused to pay maintenance. She had another child while in America then left this husband taking the child out of the country illegally. She is now back in the UK has even housed, in recept of benefits and has her children all living with her. My step daughter has now returned to college and is 19 in May. Her mother has now gone through CMS and we are having to pay maintenance. There is no way of appealing against this and the circumstances are not taken into account. I don’t understand how this can be right can you please explain? Thank you

Whoole 20/12/2017 at 10:45 am

Myself and my ex have had an self arrangement made with the advise of cms for a number of months now and has now decided that because I have a relationship all contact has been stopped I have gone from seeing them on average 4 day/nights a week to nothing does this mean I have to increase my cms payment until we've been through the courts. ???

Frustrated 14/12/2017 at 10:34 am

I am the paying parent in a CMS case and have just had my annual review. The CMS take the figure of my earnings from HMRC but during the tax year I changed my employer and I am now ‘payrolled’ for the benifit in kind of my company car rather than paying for it via my tax code. The problem with this is that a notional figure is added to my earnings to make sure I pay the appropriate amount of tax and the figure received by the CMS as my earnings includes this. Therefore they effectively think I earn £450 more per month than I do and have calculated my payments according. I have contacted them and they have said there is nothing they can do as 1) its the way the legislation works & 2) the change would only be 23% anyway which is below the 25% change threshold. Do I have any avenue to get the decision to be reconsidered?

ChildSupportLaws Editor 13/11/2017 at 12:14 pm

If your ex actually makes an application to the courts to send your daughter to private school and yet he doesn't pay child maintenance, then it may be a good time to apply to court for child maintenance on the basis that if he can afford a private education for your child, then he should be paying child maintenance. If your ex has a lifestyle funded by himself that does not equate to the low amount he is paying to HMRC in tax, then you may have a case to take the matter to court. Unlike CMS, the courts will look deeper into your ex's finances to see whether he is sidelining money. However, you may wish to seek legal advice as you don't want to be proved wrong as you may then be lumbered with the costs.

MoneyOwing 13/11/2017 at 12:24 am

Ex self employed, large amounts of money hidden, £13 a week I receive and reported to various people including child maintenance. Given all information, when I ring investigators I’m told many different stories, been nearly a year and nothing. Nobody contacts myself. The lies from child support when I contact them is disgusting. It’s hard work raising my child on little money while ex has a fantastic lifestyle.
Now he has moved money from business accounts to let on he has very little, the joke of all this is I’m being threatened with court because he wants to send daughter to private school. It’s all a joke, where is the help when needed because it’s not happening for my daughter.

FB Editor 06/11/2017 at 10:24 am

@Bp - it's generally taken from your taxable earnings from the year previous. So yes, you'll take a bigger hit next year if your earning more this. CMS aren't interested that you're wanting to save up for a house. They just see the B&W figures.

Bp 05/11/2017 at 8:20 am

This week I was informed that I would have to start paying my ex more money and that from now on every year the CMS will reassess my payments using HMRC.
At the moment I am working a lot of extra days in order to save for a mortgage deposit. Does this mean that when they reassess my case in a year time they will think this is now my usual yearly earnings? If so will I be able to appeal against it if I have proof that I am earning less ??

ChildSupportLaws Editor 10/10/2017 at 12:25 pm

You can complain whichIf your ex's wages have risen above 20%, then your ex should inform CMS, as when the next tax year comes he could be subject to arrears, As CMS work on HMRC figures, it can only take taxable earnings from the year previous, meaning it is always working a year in arrears.

ChildSupportLaws Editor 10/10/2017 at 11:38 am

Have you complained? , which may help further.

Tee 09/10/2017 at 6:17 pm

Iv asked my exs payment to be reviewed as I know he's is earning more than 500 per week. I was told cms wrote a letter to my ex and his employer and got no response this had been going on a year and a half. In Aug 17 I was told they put a tax check on his earning but they only have information from 2015 tax year. This is completely unfair as he does pay tax and does work and earn loads but he has been told by yourself a that he only needs to pay 20 per week for 3 kids due to him earning less than 100 a week. This is all false information from 2 years ago! What can I do I asked for this to be reconsidered but no one really seems in the slightest bit interested?
Please help

GodlyG 09/10/2017 at 3:31 pm

Hi, I have written to the CMS on the 26/06/2017 in relation to my detailed dispute. They never even looked at my letter until I'd called them back on 25/08/2017. When I'd questioned them they claim that I had no case, they never went through the letter, when they did call me back the following day 26/08/2017 the case worker threatened to add 20% charge to the account and slammed the phone within 4 minutes and 29 seconds of the conversation beginning. I know of a certainty that I have a case that needs to be heard and I find that the CMS want to think that they can bully me into paying something that I will never, ever be doing. What Is the way forwards for me? what is the next step in the process? what would you advise?

ChildSupportLaws Editor 05/10/2017 at 2:22 pm

If you think you are being treated unfairly, you can complain, You would need evidence from your employer regarding this.

Tommy46 04/10/2017 at 6:14 pm

Hi, have recently been subjected to yet more child maintenance service failings, I am a father who has paid for my children on time and the amount asked for the last 18 years. I have two children that I pay for with different mothers, my first bit of trouble occurred a couple of years ago when the cms disclosed information of one case to the other cases mother, due to the nature of what was disclosed I have had no contact with one child since then and minimal contact with the other. At the beginning of this year I requested a subject access request from the cms, this meant I received copies of papers and recorded telephone conversations that I have had over the years, on opening the rather large envelope that was delivered I found that amongst my papers were also those of a gentlemen from Scotland for which I have no connection with. If all this was not bad enough at the beginning of this year I found out that my son had left college to start work, I contacted the cms with this information and they promised to look into it, they did and phoned me back the next month to say that he was still attending college and that I would still have to pay, so I did. Two weeks ago I received a call from the cms to tell me that they had made a mistake back in January and that I should not have been paying for my son, they also informed me that as I should not have been paying for him that my other case now had arrears ( as this would have been getting more had I only been paying for one child ) to the tune of over £1,000, not a problem I said, I’ll pay that with the £2,000 that I paid for my son but shouldn’t have been, it was then that the cms informed me that I will not be getting this money refunded, due to the subject access request I have both telephone calls on cd, one in January telling them I shouldn’t have to pay for my son anymore and the reply from them in February telling me that I must continue to pay, this makes no difference, I will not be getting my money back......... how criminal is this organisation!?!

Andy 04/10/2017 at 3:38 pm

Currently in dispute with CMS over pension contributions. Mine are taken out of my wage after tax and NI. They do not show on my P60 not do HMRC seem to see them. The figure CMS then get from HMRC is my gross pay before pension tax and NI is taken off. I have sent them my pay statements which show what pension I pay. But the CMS are saying the figure from HMRC is after pension contributions. And thst is the figure they must use. Toyally frustrated and out of pocket. Can anyone advise/help. Cheers

Jj 02/10/2017 at 10:45 pm

Hi, I am the non-resident parent and pay the ex via the CMS. She has recently come under financial difficulty and so has reduced my access with my children to gain more child maintenance from me. I have not agreed to reduce the number of nights my kids stay with me and there is no court order. It will be difficult for me to prove all of this but what can I do? Help! Thanks

Scotty67 29/09/2017 at 4:57 pm

I made a private arrangement with my ex partner the CSA was informed of this and the arrangement was in place for 20 months the CSA did not update the system and was charging me during this period witch came to over 2500 pounds this was cash payments now I have to prove I made these payments

SumnerD Editor 08/09/2017 at 2:53 pm

@4891 - if CMS took outgoings into consideration as well, lots of non-resident parent would be taking on high rents or mortgages and buying flash cars on HP etc to avoid paying child maintenance. The most a NRP pays (unless they are in arrears) is 19% of their income, which is supposed be be comparitive with the amount of money spent if they were living at home with them still. Dan.

4891 08/09/2017 at 5:44 am

Why are my outgoings not taken into consideration? Why is my over time money put towards CSA when its not definite overtime? My company can stop over time at any point. Surely the CSA money should only be based on my regular basic pay? That way my ex knows what she is getting on a monthly basis and I know what I'm paying. I have high out goings I.E- rent, bills, travel costs per month. I'm now working 6-7 days a week to be able to afford to live. This extra money will only be taken off me again next year when my wages are looked into and CSA see I've earnt more (to provide for myself to live and put a roof over my head) why is CSA trying to bankrupt me? Surely this needs to be looked into. Fathers are being totally screwed over.

Daisy 20/06/2017 at 2:09 pm

I have current appealed to the courts regarding my ex partner & his earnings. He is a self employed taxi driver & says he earns £128 per week! This is lies! He never sees his two children but thinks £14 is acceptable to pay per wk for two children. Does anybody know how the courts would be to investigate his earnings? I think it's totally wrong that self employed people are avoiding paying correct amount of child maintenance or tax. Thanks

Jill 19/03/2017 at 9:21 am

Hi

I've been asked to attend a meeting and don't know what to expect? Is it advisable to have a lawyer. I have record of what my ex earns he is opening a pub currently paid for lease and refurbishment and has three flats in good areas two are rented. He resfused to put in accounts to CSA and says now he no longer works in the oil industry his income is Nil CSA have disputed this. I don't know I expect to do I haven't had any papers regarding is contra statement. He stop paying me in Bec 16 yet seems to live a lavish lifestyle for someone with NIl. Do I really need a lawyer? I don't qualify for legal aid so it's more money I don't have but I want to be proper armed. Alll I want is what my son is due. Can you advise? What do they do? Do they assess my income too. He does also pay school fees but this is in our a divorce agreement and quite frankly I'd rather eat and heat out our house that put my son to a private school.

Thanks

ChildSupportLaws Editor 16/01/2017 at 2:48 pm

Regardless of whether your partner sees his children or not, he is still responsible for paying child maintenance (which is based upon his earnings - not the children's perceived needs). If your partner reduces the nights he has his children he may be liable to pay yet more child maintenance, as child maintenance is reduced over the number of nights the non-resident parent has the children overnight. If your partner thinks he is paying too much, he can check here.

Frustrated 15/01/2017 at 10:46 pm

Hello all,
Need help!
My partner has his children 2 nights one week, 4 nights the next week , he has often asked for another night but the ex won't allow another minute over the allocated time , she has now gone behind our backs and claimed CSA , at £414 per month for 2 children , I also have 2 children who live with us . We are really struggling to understand why a parent with more willing than anyone I know to have his children more would have to pay her that much money when they have the same outgoing costs for the children. She does nothing with them , my partner is never at home when he has them but unfortunately this will have to stop if he has to pay her this money ,

Please help !

Kirst 23/12/2016 at 10:10 am

I have 1 son with my ex, we still live together but after our son was born he has done nothing to help. didn't feel taking paternity leave was necessary, our son was early and spent 3 weeks in hospital and i spent all day every day with him. He would drop me to the hospital at 9 and come back around 6pm for me. Whilst on maternity leave I maintained the house, looked after baby, did all shopping, cooking, washing, cleaning, looking after his elderly cat. He doesn't wash bottles, doesn't cook meals, doesn't buy groceries, doesn't wash dishes, has avoided holidays, made excuses for years why we can't get married or buy a house or go out with friends or have a joint bank account. After I returned to work full time he has actually become less helpful. Doesn't help with bathing, asks why I haven't cleaned little one's shoes if they are dirty, never puts child clothes away, doesn't put him to bed at night as he has informed me he has a stressful job and needs the downtime. i've tried to talk to him several times as it's making me so unhappy and stressed and he gives me the silent treatment. I have a cake hobby and had a few orders from friends for their kids birthday's and he said I should check with him first as it impacts on him as he has to look after LO. He comes home every day after 8pm and I have to pick up our son from nursery by 6pm so have to leave on time every day. He has mentioned that he gets stuck in the office chatting with people. I've also seen him sitting in the car on front drive for up to 30 mins on his phone. I told him last year that I wanted to leave as he goes out of his way to not help and to make me feel irrelevant - our son is 3 and this year was the first present I've got for mothers day ever and then he spent the day with his family and I was left with the little one till he returned at 7pm - no word form him all day. When I told him I wanted to leave he asked what would happen to our son and I said he would come with me obviously but he felt it's best if little one stays with him as he has always lived there and it's where he feels safe. Also said he will contact his lawyer. My ex has saved all his money and owns the flat (small mortgage) and also works full time...I just don't know how to start and am concerned he will look like the better parent. He has now started to do everything for his son, dropping him to nursery, made him a bedroom and bought him a bed and wardrobe, sometimes helps him get dressed so now he thinks I should just move out and can come and see little one, thinks all records should remain at his address even though little one's bank account is on my account, his GP is my GP, I registered the nursery and school details. LO starts school next year.I just wished I'd left a long time ago but never had the money saved...I'm from Australia so have no family here but his family don't want to help at all. I just don't know where to start the process to get away - I don't feel it's fai

Chrissy 27/10/2016 at 4:24 pm

I have 2 children, 1 lives with me and always has. She is now 17 and doing A levels. Out of the blue I get a letter dated Aug 2016 telling me my CSA payments have stopped and backdated it to 5 years ago saying that no child lives with me! It's dated around the time that I sent my young teenager to her Dads to sort herself out. She stayed there just over 2 months. I made the CSA aware. Throughout my daughters life I received child benefit and tax credits, told this to the csa. They did a mandatory reconsideration and said the case is closed! It appears that because the incident was not implemented, then by the csa, I'm being penalised. And so even though I have to finance my child's education, my ex's financial contribtion has stopped.
The only thing I can do now is to go to tribunal and I'm scared because I don't know what to do. Can anyone help? I have these questions
- I'm disabled and cannot work. Even though I have been the major career for my daughter,,will I have to repay my ex partner 5 years maintenance?
- What evidence do I need for the tribunal?
- How much would legal representation cost and/or help?
HELP!!
PLEASE.

ChildSupportLaws Editor 11/10/2016 at 12:52 pm

You can see how much you should be paying whichMuch depends upon whether your ex is earning. The CMS does not assess child maintenance by 'households' but by the non-resident parent and resident parent's earnings.

Annoyed. 10/10/2016 at 10:24 pm

I have 4 children with my ex wife. 2 live with her and 2 live with me. One of the children who live with me was removed from her mothers home and sent to live with me by the police and social services due to my ex wifes partner being violent. Dispite my ex wife and myself having 50 percent each of our children i have to pay her nearly £300 per month yet she pays me nothing.
Is there anything i can do about this as how can a household who works be worse off than a household who doesnt?

ChildSupportLaws Editor 22/06/2016 at 11:55 am

You will have to be able to prove your ex is earning more than he says he is, as child maintenance is based upon earnings not assets. However, you may also wish to seek legal advice regarding this as if the CSA cannot extricate the money a court may be able to.

Ash 21/06/2016 at 3:06 pm

My sons father has several companines which according to his message I received earned over 50k in one month yet I have just been informed by the CSA the payments are being hugely reduced do to a drop in his income. Now I know this is untrue as he has already stated he will be telling them he's on a reduced wages. He currently has 2 properties In the uk he receives a monthly income from and 1 abroad. Also has the house he lives in. He drives around in his flash motor yet now will only be paying the minimum he can for his son. CSA say I can appeal but will need evidence and I'm unsure what it is I will have to supply to prove my ex's extravagant lifestyle and tax dodging. Can anyone help.

ChildSupportLaws Editor 18/04/2016 at 12:25 pm

I can only suggest you complain or appeal, You don't say whether your ex is earning, if he is, have you thought of claiming for your other children from him?

nic 17/04/2016 at 11:02 am

I am a mum of four. I have brought up and provided for my children. I have had problems with my sixteen year old daughter and had no support from her dad. We split 15 years ago. Since then I have had abuse from her dad and he condones her behaviour and goes against every decision I make. She is currently staying with his parents due to her behaviour and they allow her to what she wants. They have took me to CSA and take £381.00 a month off me, I brought her up, provided for her and because she is going through the rebellious teenage phase, I feel like I am being punished more. To say I am a mum of four and financially provide for my children, I feel this is unfair. Her dad does not financially support her and takes no responsibility. I have asked csa why don't they take money from him, and they stated that his parents have chosen me to be the one to pay. I find this unfair and the system abused. Please advise . Thankyou. Nic

ChildSupportLaws Editor 26/01/2016 at 12:24 pm

It is rare that a person will lose PR rights and their parental can only be revoked if the matter is taken to court and the court agrees it is in the child's best interests.

Townsy 25/01/2016 at 7:36 pm

My daughter's father chooses not to be in her life and hasn't been for 3 years he doesn't pay child support knows where we live etc but we don't know his location can he lose pr rights?

Bear 29/08/2015 at 4:42 pm

My ex is now taking me to court for more access.. Our son is 13 months old and the father did not want to know for the first 5 months. He sent a solicitor letter which I responded to and set up every other weekend sat- sun as son is still a baby. We have been to one mediation.. And all father wants is to be on birth certificate and that's it. I did not have him on certificate in first place as he did a runner.. He now wants name changed can he do this? And I can not afford a solicitor anymore.

Despair 18/12/2014 at 12:21 pm

I am due to attend a tribunal hearing as my Daughters Father has disputed the amount calculated on his current earnings.
The truth is he has been self employed since she was born, has been able to buy a house, choose where he works, live a luxurious lifestyle, own a van and a car etc
Meanwhile I have cared for & brought up my Daughter, limiting my job choices, still can't afford to learn to drive / run a car, and never been able to get a mortgage due to inconsistent small payments to support her which has in affected my credit rating etc.
Her Father has tried to evade his responsibility by fiddling books for all his businesses over the last 16 years, his most recent franchise started 9 or 10 years ago and the CSA have been brushing off a reassessment until now.
Would I be able to raise this at the tribunal or would I have to pursue retrospective payments through the courts myself?

Lisa Editor 27/10/2014 at 10:12 am

@Flip - This must be very painful for you as much as it would be a wrench for your grandson who knows only you as parents. I think the courts will definitely take this into consideration, especially if you have had him since a young baby. This hopefully should work in your favour. Look at Bob Geldof - he managed to get custody of his ex-wife's child to another man because he bought her up with her sisters at the most formative part of her life.

Flip 24/10/2014 at 4:28 pm

I am grandfather with partner. I have had the child since 3 month old. next month he will be 4 years old. I live abroad. My daughter has applied to the courts to get her biological son to go and live with her. She lives in the UK has a one parent family. She has so far had no input into the child's life he only knows us has his parents. He is a very well balanced and happy child and already attends school. I have read about the psychological effects of a child losing a parent or ever worse losing 2 at the same time. Which is how I feel is what can happen to this beautiful child. Please can anyone help a point me in the right direction. Thanks

jojo 26/06/2014 at 9:59 am

hi i receive income support and child tax credits, last year my ex upped his amount of child support and now i have a meeting with dwp complaince, can anyone tell me if the amount he gives impacts on my benefits? i realise that i didnt tell dwp of the increase, but i didnt think i had to as i had been told that benifits and my ex's payment to us are separete, and should not affect the amount of benefits i receive.

mummy 20/04/2014 at 1:39 pm

hello my husband has left the family home a year ago now we have joint morgage he now pays child mentance ,the break down of our marriage were diffrenentces which has never been aproblem when we were marriage suddenly he has not any faith where iam chritian.he has a drinking problem and heavy smoker which gave me great depression living ten years of this behaviour i stuck it out for my son,which i had no trust in him when i discovered messages from a women he met on line which he denys but i have read them.he has let me down so many times his mother was so interfering in the marriage i had no one while his net work of his mum keept me silent i idid not image marriade life would be like this,i was then told by his mother when she witness his behaviour problem through drinking,and said he has supected ADHD i never fully trusted my son with him with his behavour iam scarred mentally by it.and got frightend to but i was always strong to hold it togeather and not acept his behavour so we argued.alot, iam the one who looks after the day to day of my child and my husband has no restictions,but i express to him that iam not comforble with him taken myles out of the country to spain, then he got bitter and said if you can so can i i have stuck to my word i dont feel comfortable about it if it means we go to court please i need help.

pete 19/04/2013 at 6:38 pm

Hi, I am at breaking point with the CSA, they have made several demands for money usually just figures plucked from thin air, now they have made an attachment on my earnings for £90 per week which has left my wife 2 residential kids and myself with nothing left to put food on table, I have contacted them several times to be told tough, I can not go on like this and will be forced to quit work, they sent my ex a letter saying I earned £500 per week!! the truth is its £204 I was told by the CSA that any appeal would be ignored. I'm not sure where to turn now can anyone suggest anything I may be able to do? i've had demands of £41 PW, £71 PW, £36 PW and now enforced £90, I don't mind paying for my other child and never have

lyn 13/04/2013 at 12:24 am

The thing that my son's father was abusive to them by hitting them also raped Me twice he mas unfortunatly not charged so what are my rights to keep him away and out their life's all they say is don't want to see him he hurts us. I'm a nervous wreck

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