I don’t know if anyone can help/ point me in the right direction. My ex partner is self employed. On the 20th March he stopped paying weekly child maintenance. He told CMS he was no longer working and started to receive universal credit. Since March he has received three months wages back dated, a grant and universal credit. CMS refuse to discuss this with me over the telephone and still maintain I am entitled to no money – even though my ex wages haven’t changed by 25%. Which is when CMS usually evaluate a paying parents case if there income changes by 25%. Ex returned to work on the 19th June – this is all CMS can advise me. They have told me to send a message via there online portal to request to now change our agreement to collect and pay! I have done this – but no response from CMS and the longer it goes on the longer my ex gets away with not paying for his son. Ex is loving all of this – he tells me he doesn’t legally have to pay for our son and has no intentions of! Does the CMS have much power when it comes to these kind of situations? Especially when the paying parent is self employed!? Also is there anywhere else I can go to talk to someone about this other then CMS? Thanks
Unfortunately the system is flawed when it comes to a self employed person if they are not being truthful without an investigation the cms will never know. You can make a complaint to the cms but everything is taking so much longer due to this covid-19 situation. If you can convince the cms he is living beyond his means based on what he is claiming he earns you can ask them to look into it or report him to the HMRC for evading paying tax, both of which i have had to do in the past. When is his next yearly assessment? If it less than 3 months away you might just be as well waiting, i know it’s no help but trying to get them to do anything at the moment is nearly impossible. Don’t let them fob you off though keep pestering them it is the only way to get anything done.
I sent a message though the magic portal 4 weeks ago and they told me not to expect a reply for 12 weeks, they refuse to believe my ex isn’t paying nearly £500 a month so i have had to print off and go through 7 years of bank statements to prove what i have received even though they sent me most of it. I have spent the last 12 years dealing with the csa and cms and they are both pretty useless.