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Divorce/separation

Collect and pay child maintenance

15 replies

Mami16 · 06/06/2019 09:12

Hello

So DCs father has not paid anything towards our children since we split last year. He kept saying he would and there was an excuse every month so I contacted child maintenance.

They've been good so far but the ex wanted to do direct pay so he'd pay me the amount they calculated straight to me so he saves paying them a fee. He still hasn't paid me and owes just over £1,000 and child maintenance are looking into changing it to collect and pay but told me it can take few months to set up.

Anyone had experience with this? When it changes to collect and pay does that mean we are guaranteed it every month?

Makes me so cross when fathers don't step up and contribute!

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NotBeingRobbed · 06/06/2019 11:36

If he won’t play ball get a claim in because CMS will not go after arrears. I initially thought we’d sort it all out with the settlement. Finally he agreed to pay weekly but the arrears are lost for ever.

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Mami16 · 06/06/2019 12:04

Thanks. It shows on my child maintenance accounts that he owes just over £1000, I thought then that this is added onto the monthly cost he has to pay? So wrong they don't pay!

Child maintenance is very cheap compared to the cost of raising children and to have nothing off their 'dad' is utterly shocking and selfish of them

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cherryblossomgin · 06/06/2019 12:11

You have gave him a chance so now I would contact CMS because he isn't paying.

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Dinnaehinksae · 06/06/2019 12:18

What's shown as owed should then be classed as arrears get added to his future payments till it's caught up. Collect and pay is as far as I know a deduction of earning on his wage, all good and well as long as the employer actually sends it in on time. Not always guaranteed though, I've had no payment before due to not enough bring earned in the month and also seriously delayed payments due the the employer not sending info or whatever. On the other hand I've had periods where the money has been paid on time every month with no issue which is much better than relying on the ex.

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NotBeingRobbed · 06/06/2019 12:26

Any arrears from point of separation until you contact the CMS simply get forgotten about. Also, there are people on here saying that once the arrears get too big the CMS just writes them off. This is very unfair to the child! It’s not a lot of money but every little helps when you’re a single parent. I think the system is all about stopping any benefits claims rather than making sure families get the money.

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Flower64 · 06/06/2019 12:53

Im on Collect and Pay. If you have a case on direct pay and he hasn't made the payments then they will chase the arrears for you once you ask for collect and pay. It took 4 months to set mine up and my arrears are at £1890 currently. Hes on a deduction of earnings order because he wouldn't pay CMS directly

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Mami16 · 06/06/2019 13:04

Thanks everyone. Such a nightmare, was excuses after excuses with him and CMS was my last resort.

He's delayed it few times because he asked them to check the calculations they done was correct so that took few weeks and even though he was told that he still has to make payments in the mean time I've still not had anything for our children. He's also lied to them about overnight access so they had to look into that too.

Been told now that if he doesn't make payments on direct pay then they will change it to collect and pay but will take around 3 months.

Thanks for all your help. Hopefully get it sorted soon!

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wanteddeadoralive18 · 06/06/2019 13:42

I've been with the CMS for 2 years now since May 17.
CMS calculated the payments and after requesting DNA tests for out teenage children, saying he had other children to support and basically every other trick in the book to avoid paying, he didnt pay so we moved to collect and pay.
Got a few payments then he blackmailed me that he would quit his job if i didnt move back to direct pay. Decided to give him a chance and moved back to that and he sent me approx £25 a week less than what he was supposed to so eventually I went back to CMS who calculated all the arrears.
We started with a Deduction of Earnings order in March 19 and he was having to pay almost £200 extra in fees which he couldnt understand that I didnt actually get! Quit his job again and i'm back to sqaure one! Currently have almost £3500 in arrears and he is working cash in hand/agency work and there is not a thing I or the CMS can do about it :-(
Unfortunately the CMS are limited to what they can do and it is a ridiculously long process that some dads use to their advantage.
It sucks that there are dads who do this but there are good dads out there who do pay what they are supposed to so its not all bad!
My only saving grace is they have said the arrears will never go away and that one day when he is drawing his aledgedly 'good' personal pension, the CMS have said they will claim the arrears so hopefully I may have the last laugh??
Sorry for the rant but I feel better to have got this off my chest rather than twittering to myself hahahaha

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wanteddeadoralive18 · 06/06/2019 13:44

What makes it even more frutrating for me is that I spent money on a final consent order in our Divorce that stated what he had to pay and how long for - this apparently isnt worth the paper its written on after the first year so whats the point?

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Mami16 · 06/06/2019 13:59

@wanteddeadoralive18 oh that's so bad! Gets me that they don't realise it's their children that are missing out!

My ex has also asked me to cancel this and come to an agreement between us but I've told him no because I've waited for over a year for payments! My ex is the type to quit his job to avoid paying CM because he sees it as giving money to me. Luckily I don't think he will because he wants to buy our house so he needs this job.

He owes me just over £1000 now so hopefully direct pay will be set up soon!

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wanteddeadoralive18 · 06/06/2019 14:35

@mami16 stick with the CMS as you have nothing to lose and the arrears will never go away. Good luck x

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Blossom5 · 06/06/2019 17:49

Been with csa 18 months had 5 payments from his wages via the deduction of earnings. He pays £200 in fees to them pm and I have to.pay £50 pm in fees all because he wont pay me direct. They found via HMRC he was earning way more so have upped his payments. However after 5 payments he stopped paying. Csa have chased his employer hard (they fine them £1000) im noe on 2 missed payments and £5000 owing which is spread each month. I have a case worker now in Belfast and she is excellent. I would only ever phone the Belfast dept and be warned each call can last upto 50 mins (on hold for 20.mins at least). Keep chasing I feel the more you call the more they help and request a case worker from the Belfast dept.... x

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eve34 · 06/06/2019 19:12

Well done stick with Cms. The arrears will be added to His payments when the deductions of earnings kick in.

Mine are adding up but I just keep everything crossed it will all get collected over time. Although ex is between jobs right now 🙄. He needs to be working so I know eventually it should get paid.

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Mami16 · 08/06/2019 09:41

Thanks everyone. Just have to wait for them to sort it out now.

Good luck to everyone else that's going through it x

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Blossom5 · 08/06/2019 12:08

I think it can take ages even up to 12 months so they keep telling me. Which is insane..... I actually phone them every other day!!!!! Best thing is to ask for a case worker x

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