HELP!!!!! CMS are a nightmare

[Harry PotterParticipant]

Help please…….

After 6 months of a private arrangement ex-started a CMS case claiming I only have 2 nights per week on average when I actually have 3 and that is well documented between both of us.

CMS say they only rely on what she tells them as that is what the legislation says?? So without a court order I can’t prove that I have 3 nights per week on average.

Also, I’ve already paid my ex-wife maintenance for April but CMS have put an assessment on me from 19th April so now I have to ask my ex-kindly to have some money returned.

This is ludicrous!

[SOLOMUMMYParticipant]

Will you actually be paying more? Roughly 12% of your gross income. If it’s within one month of the decision phone up and state you wish to have a revision. State the reason being the incorrect number of overnights has been taken into account.

Failing that appeal using  form SSCSC2.

With regards the mid month claim, you’re not going to be reimbursed via cms and unlikely via your ex, so you may have to accept that one. Just being grateful if suppose that it wasn’t a claim the day after you paid!

Any idea why your ex went via cms?

[Harry PotterParticipant]

Solomummy it’s quite a lot extra I’d be paying but what I don’t like is the ability to lie unchallenged by the CMS.

She went to the CMS because she tried to tell me I was having less than 3/week and asked for more money even though we have emails, texts and a spreadsheet detailing the arrangements. Naturally I said I am having 3 but seems she can go to the CMS and say what she likes without proof

[GingerbreadJustineModerator]

Hi Harry Potter

Justine here, please don’t forget that at Gingerbread we have a single parent helpline.  They are really helpful with either giving you updated information, exploring your options or signposting you to the right agencies.  They can be contacted on 0808 802 0925.  It is a free phone number, but please be aware that they will be busy, so it will take time to get through.  They are open today from 10am – 4pm.

Wishing you well, Justine

[SOLOMUMMYParticipant]

Then if you were underpaying significantly then you can understand her choice to go to cms.

You need to utilise the options above.

Given you were underpaying it would be churlish to try and get a refund on this month’s money!

[Harry PotterParticipant]

Solomummy

I wasn’t underpaying, I’ll be paying too much as the CMS are assessing on the wrong number of nights

Perhaps read what’s I’ve written before making assumptions?

[SOLOMUMMYParticipant]

You asked for advice.  I gave it.

If you don’t wish for advice then don’t post! I gave you sound advice about how to proceed.

To avoid confusion please respond with greater clarity.  Eg You replied , “It’s quite a lot extra I’d be paying”. Paying 1/7th more wouldn’t be huge if you were paying the correct amount initially.  That isn’t an assumption,  it’s fact!

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