Child maintenance advice / enforcement process
15 December 2019 at 6:42 pm #34069
Good evening all. I’m just after some advice regarding CMS and the process of enforcement.
My sons Dad stopped paying for our son almost a year ago (to spite me), he does see him regularly though so I’m thankful for that, anyway I opened a case with cms in June this year and they’ve been trying to get in contact with him ever since, they couldn’t find anything from inland revenue regarding his earnings as he is self employed but doesn’t pay tax or declare his earnings. The cms said (back in early October) they have started the enforcement process and will be applying to his bank for 3 months bank statements then will take it from there. He has money going into his account regularly so they will see that, but I’m just wondering how long the process takes and what happens next. I have spoken to the cms regularly but they don’t say much, just tell me all the things they can do to get the support that is owed, but can never tell me anything specific and just say they’ll let me know when they have any info for me. Any advice much appreciated15 December 2019 at 9:04 pm #34073
Hello, i am just going through the same process with child matainence myself. Enforcement was issued on the 3rd of December. The way it was explained to me yesterday is that they have the power to freeze the money and take any arrears that are owed if their is money in the account and as long as it’s not in another joint name. It’s taken them 7 months to get to this stage with mine because my sons dad is a job hopper so i cannot see this being anything quick. It’s such a hard process and very long.15 December 2019 at 9:06 pm #34074
They also told me that if their was no money then the next process is court and then they are not allowed to tell you anything just thats its going to court.15 December 2019 at 9:14 pm #34075
Thanks for replying. Yes my ex is a tax dodger but the money is definitely still being paid weekly into his account, both by the company he sub contracts for plus all the cash jobs he does (he earns ridiculous money but also parties hard), I just worry as he gets paid Friday and it’s all gone by Monday, so unsure how they’ll do it.
Last time I spoke to them they sad it would take up to 40 days to get the bank statements, I’m also pretty sure he’ll just move his money to another account once he knows what’s going on16 December 2019 at 7:01 am #34078
Yes they are very crafty when it comes to money. My ex has apparently left his job again and i don’t hold much hope in any money being left. It frustrates me how long everything takes. My ex has been in 3 different employments since may this year and is in over £1200 arrears. Im just glad i manage to get by without really relying on the money.
Child matainence is just such a drawn out process but i guess the arrears still add up.16 December 2019 at 7:27 am #34080
Yeah I get by, I have 2 jobs so when I do eventually get a contribution from him it’ll be a bonus, even when he did pay it was only £100 a month so it wasn’t the end of the world when he stopped paying. He currently owes £1300 but that was only based on what I told them he does for a job and starting from June as that’s when I opened the case with cms, I’m sure once they see what he’s actually earning it might change (he earns over £1k a week !). The whole process does make you feel like a money grabber though, I’m really not. It would be nice to hear some success stories on here x16 December 2019 at 7:16 pm #34120
My ex stipped paying me the end of August. Hes now in arrears of £1000. I get told something different every time i ring. Back in september i was told they could no longer see if he was in a job. So they applied to HMRC to find more information. I was told that could take up to 6 weeks. End of October i was told HMRC still hadnt got back to them and they were going to go through his bank. Enforcement was 26th November. I was told it was a 3 week process. I then phoned again as i hadnt heard anything and was told to phone today as it should have all been sorted. Again they said it was 3 weeks process. I called today and was told its a 10 week process. But to be assured that it was all in arrears. And they would be in contact at the end of January. I said that might be so but for 4 months now ive not had anything and now those arrears wont be paid to me in a full sum. It would be paid over how many years they choose. Which he said its still arrears and you will get money. Im not happy with the service at all. My ex told them beginning of september he was in financial difficulty. Hes been in contact with my sister and ‘let slip’ hes just booked a holiday to America. Bought an 18 plate car, bought a house and constantly buying his son from his current girlfriend designer trainers. I asked cms whats going on with HMRC as that was meant to take 6 weeks. Its now 4 month and HMRC havent been in touch. I dony believe they are actually doing anything. Hes meant to be paying £41 a week amd sometimes i feel is this worth all the stress but why should he get away with it. He decided not to see our daughter anymore the day he found out his girlfriend was pregnant. I just could never imagine doing this if it was the other way round. X16 December 2019 at 7:39 pm #34121
Oh god that’s exactly what’s happened to me. I have not had any form of payment since may this year even though he was in employment, first they put an attachment on his earnings then they said he had changed from working for an agency and was in full time employment so the attachment on his earnings would have to start the process again. Fast forward a few months they said HMRC had not updated the system and they would keep pushing. Then i rang on Saturday and they give me the enforcement bull and said hes now left his current employer.
I have zero faith in child matainence at the moment they are just a waste of time and i also think is it even worth it but children dont come cheap and why should they get away with not paying. My son doesn’t see his dad either and i don’t know how any woman can be with a man and have his baby knowing what hes doing to his previous child or children.16 December 2019 at 7:50 pm #34124
It’s such a shame they can get away with this !
I’ve not received anything since February but I didn’t start my claim until June as I was scared of making things worse (domestic abuse… needless to say, I had to get a non-mol order against him about a month after I put in the claim)
I was also told 10 weeks for the enforcement, they said they couldn’t get any info from hmrc but now I’m wondering if they just didn’t hear back from them maybe16 December 2019 at 8:06 pm #34125
Oh I’m sorry you have had a hard time. I just don’t know anymore what they do. I know things take time but sometimes I just think the paying parent is given to much time. They told me it will be better if my ex stays out of employment because of the enforcement order to pass all the processes it has to go through. Its just an absolute nightmare x