My ex chose to stop paying and stop seeing our dsughter. She is now 13 years old. I have been chasing child support for years and it just kept building up into arrears constantly. Since the CSA changed to CMS, they have separated the arrears into 2 categories. Whats owed through CSA and what’s owed through CMS. I have spoken to them so many time over he phone and online and every time they keep telling me they’re trying to chase him but hes ignoring phone calls and letters etc. So they went for a deductions from earnings order. His employer was also ignoring them so it’s been sent to the ‘fraud team’. I got a letter this morning saying they are now writing off the amount owed through CSA. They dont seek to have enforced anything they have powers to do. They havent gone for a deduction order or a liability order or a charge order or anything else. They’ve just simply given up. Can I now take him to small claims court seeing as CMS dont want to deal with it anymore? I literally feel like the whole system has let me down.
I got my csa arrears transferred to the cms, it took me almost a year of them each saying the couldn’t do it but it eventually went across. I have refused to write off my ex’s arrears i don’t care if it’s taken out of his pension our daughter will get it eventually.
They have continually messed up my case and i have made several complaints to both the csa and the cms because their errors led to me not getting anything for many years usually because they hadn’t pressed the right button on their computer. After over 10 years it finally appears to be sorted out for now.
Surely they can’t just write it off as it’s money owed to you, unless you’re on benefits then it maybe different. When the csa first changed i was asked if i wanted the debt written off or transferring across you should have been given that option.