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Child Maintenance late payment question

(13 Posts)
kittybiscuits Tue 03-Nov-15 08:24:37

Hi, can anyone tell me how late a maintenance payment needs to be for me to ask CMS to follow it up? I believe there is a period for which you have to wait before they will act. My ex told the children that if forced to declare his full income he would 'pack his job in'. His employer has always been willing to take him off PAYE and give him all the work on a 'self-employed' basis in order to assist him in avoiding his moral and legal responsibilities. Anything I can do in that situation? I am concerned that as he was forced to make the first full payment last month, this is the reason for non payment so far this month. Thanks.

toastyarmadillo Tue 03-Nov-15 08:27:03

The Child Maintenance Service and the CSA will take action if child maintenance isn’t paid.

When a payment is missed, the service you’re using will contact the ‘paying’ parent to:

find out why they haven’t paid
arrange for them to pay what they owe
warn them about action that might be taken if they don’t pay
The paying parent has a week to respond. If they don’t, the Child Maintenance Service or CSA can take action to get the child maintenance owed.

toastyarmadillo Tue 03-Nov-15 08:27:41

The service you’re using can take action immediately if the paying parent pays through them.

If the paying parent used the CSA or Child Maintenance Service to calculate child maintenance but pays directly, the receiving parent needs to ask the service to take action.

toastyarmadillo Tue 03-Nov-15 08:31:55

Hth x

kittybiscuits Tue 03-Nov-15 09:24:14

Thanks toasty - I just wasn't sure about the timeframe. It's direct pay straight from ex to me. I read somewhere on a forum that you had to wait a week to report but your post suggests you can contact them as soon as it's late.

kittybiscuits Tue 03-Nov-15 17:36:28

I called ChildMaintenance Options and they said to call Child Maintenance Services as soon as the payment was a day late. When I spoke to CMS they said I can't notify them until the payment is 5 working days late and then they contact him and give him a week to make excuses and pay. They wouldn't say how many times they would allow him to dick me about like this. Sounds like license to piss me about two weeks out of every month!

toastyarmadillo Thu 12-Nov-15 04:13:11

Sucks considering it's a service you pay for now as well flowers

thequickbrownfox Thu 12-Nov-15 06:23:24

In my experience they haven't taken action despite months of non payment.

Vcole87 Fri 13-Nov-15 13:04:14

Hi, sorry to hijack the post but could I ask if anyone knows how the amount of maintenance is calculated? Does it take the paying parents outgoings into account? I've used a cms calculator and it only asks about other children, but a friend told me today she was told that when she started her claim they asked if her ex private rented as this would mean she gets less money? I always thought it was calculated before any outgoings so if anyone knows and can confirm either way for me it would be great, thanks a lot x

toastyarmadillo Mon 16-Nov-15 07:18:11

Nrp outgoings are not included, if nrp has chosen to live somewhere expensive they are responsible for that. AFAIK cm is only affected by any resident children physically living with the nrp. Living expenses are a fact of life and are already factored in. It is to stop nrp tying all there income up on loans etc to avoid paying cm.

Gizmo63 Thu 12-Oct-17 15:15:44

This is Probably as shot in the dark, My children are all grown up now living in their own homes, Ever since I divorced there Father, When my Youngest child was 8 years old, I have not received any Child maintenance from him at all for my 3 children.

Is this to late to claim anything? Is there away at all

Thank you

wobytide Fri 13-Oct-17 09:37:16

Think you've answered your own question. What would you be claiming from him now? Child maintenance for people who aren't children. Apart from turning back the clock not much you can do after this much time

donners312 Fri 13-Oct-17 17:00:57

I don't think you can gizmo unless you had opened a claim at the time. Disgusting and unfair though.

OP - was told 5 working days but if they don't pay they seem to get unlimited chances to piss about.

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