I am after some help, advice or guidance. For three years I have been battling with getting payments from my EX who is self employed and has definitely got money and can afford to make payments. The CMS are being fed misinformation from the PP and he is deliberately lying about his income. He is playing the system and the CMS are allowing him to do this along with NOT MAKING any payments. This case is complicated and did go before a Tribunal which the EX failed to attend or submitt information requested. I won my appeal about the PP lying about his income. Moving forwards to today. I am still no way close to receiving any maintenance due to the CMS being fed more lies and they are allowing the PP to not make any payments.
My questions are…. has anyone been in a similar situation?
How can the CMS allow a parent to not make any payments?
The CMS clearly state on their web page about prosecuting if given false evidence which is clearly the case here.
Please note. I am trying to do right by my daughter. The EX has chosen not to see her. The child should not be abused in this way.
My ex is self employed and a high earner. He is playing the system and the CMS system is allowing him to do this.
Since my earlier post, the CMS have said that inspite of the Tribunal and winning the appeal which thank goodness all the arrears remain and will be collected one day, the PP has the right to ask for a Mandatory Reconsideration due to income change. We all know that he is going to declare he is getting far less to avoid paying. This case has been going on for 3 years and we just keep going round and round in circles. It appears also that because the PP is self employed obtaining the money will be another hurdle and a longer waiting game.
If you think he is living beyond his means report him to the HMRC for not declaring his earnings.
The CMS are useless they have just decided to cancel all of my arrears because they don’t think he’ll ever pay it, which is completely down to them for choosing to believe his quite obvious lies. Nobody earing £100 can afford to spend the amount he does on bikes and holidays but they refuse to take any further action. 12 years of trying to make him pay up and I’m closing my case because it’s obviously pointless.
I am so sorry to hear about your experience it is so frustrating that the CMS allow the PP to get away with so many lies. I thought the CMS can prosecute anyone giving false information!!! I was told by a CMS case worker, the policies they use are 10 years old. Why have they not been updated? The government are failing and allowing our children to live in poverty.
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