Independent Case Examiner help
27 October 2021 at 3:33 pm #61941
Hello Guys, My name is Joanna and I am a single parent of 15 year old boy. I am writing on this forum because I wold like to ask you for an opinion and advice.
Up till August 2019 I received Child Maintenance from the father of my son through CMS. Since that time he stopped paying. I must say that I do not have contact with him apart from having his mobile. My son goes to see him on regular basis every Saturday and sometimes he sleeps there. father of my so has never been person who could ” stay in job” for long time. He is having quite unstable life ( frequently changing the relationship partner, changing housing accommodation twice a year, that includes changing jobs ever so often ). Since August 2019 I havent received any CM from him. I use service Direct Pay that means he pays to CMS and CMS pays me. H e is unstable with his words and he never keep his word, so this method I use since we separated and worked so far- despite of his disapproval.
I do not know how he does it but 2 and a half years have passed and I havent received anything. I am frustrated on the CMS because for me they do not execute anything at all. I am in constant contact with them. I provided them with his address where he actually lives and also any details I know about him including the registration of his car. What the CMS is telling me is that the address that I provided is ” not the confident one”. By “confident address ” it means that they cant locate any bills on his name neither any contact trace of him in HMRC. The CSM told me that the reason for this is that possibly he has job ” cash in hand”, or perhaps he is self employed. On my suggestion that having his car reg no can help to locate his correct address they said that it was impossible to establish his address with that information as well.
From JUly this year I got to the point that I asked them to transfer my case to Independent Case Examiner ( ICE ).
In order to do this I needed CMS approval and permission. I asked the CMS for the official letter to allow me to transfer my case to ICE. They were reluctant to do this from the start. I asked them what steps I need to do to put the case to ICE and I got this……
” I will be waiting for your reponse about progress ( I.E moving my case to ICE, what steps I need to do or what are you going to do in order to move my case to ICE ) and consequently checking my case by ICE what I asked on the 9th JUly 2021.
” Thank you for contacting us. In order for your case to be passed to Independent Case Examiner you will need to visit http://www.gov.uk and search for ICE. From there, you will find details on how to refer your case for investigation. Regarding the Paying parent circumstances we have looked into the address you have provided to us. Unfortunatelly we cant deem this address as a confident and if this is the case, it will not stand up in court. We are currently using our external trace tools in order to locate a confident address for the Paying Parent. Until we have this, we cannot continue with Enforcement action”
As you can see the CMS do not want write me an official letter as a permission.
The October came and my Annual Review came too….. I hoped that I will receive better news. The CMS calculated that my sons dad income is £31/week!!! THis is not possible because he rents house with hs partner, have a Volvo car, Springiel Spaniel dog, so just those 3 things cost money….. As my rights I asked CMS to do the following :
– mandatory reconsideration which is a crucial part before you putting the case to ICE
– An official letter allowing me to put my case to ICE
The next day I received a call from a lady called K……and she said to summarise:
– They will be no letter , just a phone call ( an official letter is what I have asked )
– They cant do the mandatory reconsideration because I didnt provide to them with the ” confident address” ( and as fat a s I know the mandatory reconsideration is the crucial thing to put my application to ICE )
– In order for me to provide to CMS with the ” confident address” is to obtain his wage slips, or bills on his name ( how can I do this if we are separated and we dont live together ?)
– I asked what evidence they wan t me to provide and when I asked to provide a picture of him coming to house with my son, they said that will not be a good evidence
– When asked about letter to alow me to transfer the case to ICE she immediately finished the conversation saying that I would have to speak with her supervisor and the lady called K……hang up the phone on me.
I am speechless, out of hope what I can do now. Im trying to move forward but every time when I contact CMS they are not helping. They claim that they try to call him but he never responds and pick up his phone…… What I can do as a parent and single person to prove where he lives when everything what I submitted is not good enough for them. I only want for the higher professional body to examine my case and finally get what my son deserve but it seems like an impossible thing to happen. Could anybody help me with their expertise? Has anybody has similar problems?
I will be extremely grateful
Joanna29 October 2021 at 10:48 am #61987
Hi JoannaKs, There certainly are loads of people with experience of this here on the forum and hopefully someone will make contact soon. Meanwhile, you may want to look through previous posts, using the search bar above. Our helpline can also advise Helpline – Gingerbread.31 October 2021 at 8:26 am #62033
I too am experiencing the CMS nightmare, I have just provided a lot of evidence to the CMS regarding the multiple businesses that my 3yrs father is director of. The dividends that just one of the business made last year was over 35k . And the CMS decisions remained the same nil payments. As he earns less than £7 a week.
I’m taking it to appeal. Just at a loss as to what more evidence I need to provide! He’s lifestyle does not equate to someone earning less than £7 a week.
Sorry this is more of a rant then any helpful advice. If I come across anything I will let you know. I was thinking of hiring a private investigator but it’s all so expensive.