child maintenance

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  • #33264 Report

    amyt1993
    Participant

    wondering if anyone is able to give advice, after a struggle getting my ex to  make maintenance payments towards our 1 year old daughter i ended up going through cms in april. This resulted in getting shouted at down the phone by him claiming I was trying to ruin him and gave them an incorrect wage figure etc even through they sourced it through HRMC. After  receiving their decision on what payments should be made it wasnt until the end of June that the first payment was expected. This date came and i text my ex asking was it still ok as I had not received anything and he stated it was being reanalysed. He refused to give anymore information so i rang them and they said it turns out he had lost his job but was still expected to make a minimum 7 pound a week payment which they would contact about. The next payment date in july came and went and I had still not received anything so asked to change my case to collect and pay. They attepted to contact him to discuss this but he would not answer there calls or respond to letters, simply sending one email stating he would pay when he had money sorted. They then changed to collect and pay which resulted in another angry phone call from him demanding I change it back, howvere when i rang cms the case worker advised me to keep collect and pay even for just s few months to ensure i get payments. by this stage he was working again. This was all in August however due to the change he was not expected to make a payment until the end of October. This date again came with no payment and when i contacted him he said he had appealed it and got it changed back to direct pay so the date was changing again. I then rang cms to ask why I wasnt informed and they apologized and said arrears he had been paying into them straight from his pay are now being sent back to him to be sent to me to cover the couple of months that where missed. He got half of this amount refunded at the start of november but refused to send it stating that he wished to wait until the full amount was refunded before sending to me, as this then reduced the upcoming payments. I messaged him gain on friday asking if it was in as I have struggling alot paying for everything myself including full time childcare and he said yes but he had decided to put it in a bank account for our daughter and will just pay it off over next few months payments. I contacted cms and they said they cant enforce him to pay and i just have to see if he pays his regular payment at the end of this month and if not change it back to collect and pay which will take another couple of months to get sorted. I feel so frustrate and let down by this service which seems to be accommodating his constant excuses not to provide for his child.

    #33301 Report

    Kathymumofone
    Participant

    Unfortunately the CMS seem unable to ensure payment. I’d keep up the pressure on him, and keep chasing the CMS, but at the same time claim benefits assuming you won’t get anything.

    It’s horrible but that seems to be most practical.

    #33323 Report

    Hi amyt1993

    I’m sorry you are experiencing this.  I would suggest you speak to our helpline to see if there is anything else that can be explored to resolve this issue.

    • Gingerbread Single Parent Helpline – Freephone 0808 802 0925

    Opening hours:  Mon 10 – 6, Tues 10- 4, Wed 10 – 1 & 5 – 7, Thurs 10 – 4, Fri 10 – 4  They can be busy so callers can expect to wait up to 20 minutes before the call is answered.

    I hope this helps, Justine

    #33337 Report

    Janelou39
    Participant

    Oh god I’m having the same issue with child matainence at the moment. My sons dad has been back in employment since may this year and i still have not received a single penny towards our son. They know who his employer is and how much he gets per week but are basically powerless because they said HMRC are not providing the correct information. I give up with them they are an actual joke. They say use collect and pay if an agreement can’t be made but they don’t even do this either.

    #33358 Report

    amyt1993
    Participant

    It’s already changed back to direct pay after he appealed the change, all done without my knowledge and now I’m wary of asking for it to go back to collect and pay as that’ll take another couple of months and he might appeal. When it was collect and pay they took arrears from payments he missed straight out of his wages. When it was put back to direct pay they rang me and explained the arrears where being refunded back to his employer to then be sent to him to pay directly to me. This would then reduce the amount he was due to pay per month as the arrears had been calculated into it. This lump amount would have helped greatly as it has been hard providing for our daughter by myself especially as she is in full time childcare. This was near the end of October I got told all this and when I asked him the following week of it came in he said only half and he wasn’t sending it to me until the full amount was in. Four weeks then past and when I asked again he said yes it all came in and he decided to just put it into a bank account for our daughter and pay more each month to cover it. When I contacted cms they agreed this wasn’t right and he should have at least communicated with me over what was happening but they can’t enforce anything unless he misses a direct scheduled payment which is due tomorrow. Every time he’s due to pay there’s an excuse so now Iv no faith in him or the cms.

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