Has anyone had any success from the Bailiffs with CMS? Advice needed…
27 August 2018 at 2:41 pm #15033
I am wondering if anyone out there has had any positive outcome from the CMS once they have sent the Bailiffs in to try and collect arrears from the non-paying, non-resident parent?
They took my ex (who went self employed in 2016 to avoid paying) to court in Jan this year and secured a Liability Order for over £6000 in Child Maintenance arrears (just over £2000 of this sum is owed to me). He started paying a small amount every fortnight and then stopped again at the end of July.
The CMS confirmed that he has point blank refused to pay any further payments towards either the arrears or regular weekly payments, this meant that they had no other option but to send in the Bailiffs.
As my ex was already expecting this, he has very conveniently moved house and was refusing to give his new address.
I am confident that it won’t take very long for Bailiffs to locate him but I am almost certain that they won’t be able to get him to pay either.
I am just wondering if anyone has actually had any experience of the CMS going to Court to apply for the removal of a driving license or the allocate a prison term, as I don’t believe the CMS will be bothered to go through with this threat, even though it is supposed to be the next step.
Sorry for babbling, it has taken nearly 9 years for me to get to this stage and I am getting to the end of my tether now.
Many Thanks 🙂27 August 2018 at 8:38 pm #15044
Bailiffs will find him and remove goods to sell at auction to repay what you’re owed. As for future payments, CMS will have to consider punitive action, but you’re right that might take time. Hopefully the bailiffs will be a wake up call.27 August 2018 at 9:18 pm #15047
He is already owes another thousand since the Liability Order was granted which they will have to use in a case for the next one. I thought that the fact that he started paying a small amount meant that he was worried but then he just stopped. I don’t believe they ever send anyone to prison over this or no-one would let it get this far 😢27 August 2018 at 9:23 pm #15048
P.S. I forgot to say thank you for your response! New to this 😊27 August 2018 at 9:26 pm #15049
I’m not sure actual prison, but there are punishments that can be issued in extremis. Don’t forget, getting a criminal record or CCJ is a massive problem for all sorts of reason that don’t necessitate going to prison. If bailiffs are involved that is going to cause problems getting loans or mortgages in future.27 August 2018 at 9:32 pm #15051
9 years really. Wow I tried to use CMS and didn’t get a penny cos the baby’s Dad js didn’t answer the letters or calls and they did a financial assemwnt and it came back he earnt 0 from his self employed job and they said they cudnt do anything. They seemed useless and I gave up but I am still fuumin he gets away with it and seems not only one27 August 2018 at 9:46 pm #15053
I was originally with the CSA of course as CMS hasn’t been around all that long but he was employed a lot of the time and had an attachment of earnings. When he decided to go self employed he literally ignored their calls for 18 months and gave them no paperwork to prove what his earnings were so they went on his last HMRC figures that were from a pretty good wage, that is how come the arrears built up so much. He finally gave them some sort of “proof” of earnings this Jan after the Liability Order was granted and agreed to paying £17 a week for future payments. He is now clocking up that £17 a week in arrears again and the cycle just starts all over again. My one piece of mind is that they will keep chasing him the arrears for as long as it takes and for which I’m sure will be way after my son is all grown up. All that time when he could just pay up and get it over with!!!