Hi, to cut a long story short : I broke up with my ex before my daughter was born (he was cheating) and when she was born I asked CMS to collect maintainance from him. He has been non compliant from day one – numerous liability orders granted, deduction from earnings orders, enforcement action etc. He then had another child to another woman 2 yrs after my daughter was born. He left this other woman when her child was 5 yrs old however has joint custody of that child. He has never seen my daughter (his choice). The other woman put a claim into CMS 5 yrs after my initial claim with the agency resulting now in 2 cases for the maintenance payments to be divided between . However over the last 13yrs the agency has continuously mistakenly made errors when paying out the maintenance they have received from my ex. When they did manage to get payments from him they paid the entire amount out to the other woman and gave me NOTHING! I made numerous official complaints about this to which they replied that they were very sorry, they would ensure it wouldn’t happen again and that the amount I should have received would be added to the arrears on my case !. It has continued to happen therefore I made another complaint as I was informed (by a very silly member of CMS staff!) that the arrears on my case are over £12,500.00 yet the arrears on the other woman’s case are less than £1000.00 ! and that all payments that have come in since last December have been paid out in full to her despite me being told by agency that no payments had been received from my ex !! I’ve just received a reply to my complaint – they’ve said that all of the above is correct (they have received payments and all paid out to other woman etc) but that they (agency) will NOT be paying me the payments that they incorrectly gave to the other woman and I will just have to wait until my ex pays my arrears ( currently at £25.00/week).
I feel like I’ve been treated very unfairly , does anyone know if I would have any chance of forcing CMS to pay me the money that they stupidly gave to the wrong parent? Or am I wasting my time?
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