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Anyone dealt with CMS to get maintenance?

(26 Posts)
ilovekitkats Mon 09-Apr-18 13:36:42

As far as I can see on the website, it says that you need to ring CMO first, before you can contact CMS.

XH does pay maintenance, but way under the minimum rate now that he has an employed job. The amount of increase he has offered is not enough, so I want to go through CMS, but would be grateful for any experience/advice.

I need him to be assessed on his current job, will that happen?

OP’s posts: |
Prettylovely Mon 09-Apr-18 13:39:20

Yes they are dreadful, I would try your hardest to get an agreement on your own.

Lonecatwithkitten Mon 09-Apr-18 15:02:02

I have had the opposite experience to pretty my Ex thought as he was on benefits he didn't need to pay anything.
I phone CMO they ran through everything and then put me through to CMS. They agreed that due to Ex's unreasonable behaviour it was appropriate for them to contact him. To cut a long story short he now pays maintenance.

ilovekitkats Mon 09-Apr-18 15:08:01

This is the bit I was confused about, it sounds like they decide whether or not to proceed with CMS?

In my case, XH is paying CM based on self employed earnings of around 5 years ago. He is now employed since last May and hasn't increased it. I have now finally asked him to run his earnings through the CMS calculator, but the figure he has come back with is under 40 hours at NMW, so can't be right.

All the jobs at his employer are advertised as 40 hours and well over NMW.

OP’s posts: |
PrettyLittIeThing Mon 09-Apr-18 15:56:15

Most single parents go through Cms.

tinkerbellax Mon 09-Apr-18 16:44:15

Yes they are shit!
I'm supposed to get £79.15 per week. Exdh called them and had his payments lowered for 2 weeks because he's self employed and wasn't working for the 2 weeks.

He only had to pay £40 hmm
I wasn't told about these changes so my budget went out of the window. They're shit shit shit.

Prettylovely Mon 09-Apr-18 17:22:34

Lonecat if your ex is on benefits then thats why your experience was probably better as they can take it straight out.
It also depends how complient someone is.

Op if your ex doesnt comply it takes an awful long time for things to happen and even then theres not alot they can do or do do in many cases.
My kids havent received a penny for four years. I would urge you to sort it out between yourselves it will save you alot of time and bother.
There is a reason why the government wants to write off the 2.5 billion child maintenance that is owed because they know they cannot recover it, because the system has failed many children and its easier for our useless government to sweep it under the carpet.

Prettylovely Mon 09-Apr-18 17:24:12

PrettyLittIeThing Mon 09-Apr-18 18:22:19

My experience of ex on benefits wasn't positive. I applied January 26th didn't get a payment till just a few days ago (April.) and then it was only £13! And that's for 4 kids.

Highhorse1981 Mon 09-Apr-18 18:24:52

It’s not the CMs that is the problem.
It’s your ex-es

In all seriousness, what do you expect the CMS to do when you have a self employed person proclaiming to earn X amount?

Prettylovely Mon 09-Apr-18 18:36:16

Highhorse it is when you literally have to ring them constantly to get them to do their job, Half of them dont know what they are doing. Its a service that doesnt work efficiently.
Prettylittlething, I believe they have only got worse since changing their name to cms service was even slower and even more incompetent. I gave up.

cinderfrickingrella Mon 09-Apr-18 18:43:43

I would try to make a direct agreement. I started my case in March 2017 and still have never received a payment confused

NGC2017 Wed 11-Apr-18 10:05:42

I use them because I had no other choice. And until something goes wrong or has to be chased they are fine, as all they literally do is transfer money between accounts for a huge fee paid majority paid by paying parent. When it does go wrong it becomes an absolute shambles! And you are made to feel like shit and that all you care about is money and then blamed for relying on something that isn't guaranteed, as 'no maintenance payment is a guarantee'. I was often told I was wasting precious time away from more important cases, which I found extremely rude. To cut a long story short, it ended up being their fault that no payments were being received and did absolutely nothing to chase it until I got my MP involved. Now paid the process has started all over again so I have had to put in a complaint.
Try and make a direct agreement if you can, Use them if you must but be prepared for a lengthy battle when things dont go accordingly

bastardkitty Wed 11-Apr-18 10:11:21

You talk to the CMO and they will give you a reference number to take to the CMS. They have been pretty effective for me. My ex has a job plus additional self-employed income. I'm sure he underpays and he has pulled some stunts, but I have had regular payments for several years despite his best efforts not to support his children. I had to do a lot of chasing and challenging initially, but can you imagine how many of these absolute fuckwits they are having to deal with.

Starlight2345 Wed 11-Apr-18 15:18:31

My ex doesn’t work . He was previously paid the csa . It went relatively smoothly and I still get a whole £7 a week .

@highhorse Yes far too many ex’s don’t pay for kids however the cms are the same as the csa only want to deal with the simple claims . People go there because Ex’s won’t pay so need help

ilovekitkats Thu 12-Apr-18 14:28:57

I just want his assessed so that he pays the right amount. It is not fair that he keeps paying £27 a week if it should be £40 or whatever. I am happy for him to continue to pay direct (as long as he does).

I really just don't understand why he doesn't want to pay a fair amount for his child and gets so resentful over it!

I am tempted to drop her on his doorstep and pay him £27 a week and see how he gets on.!

OP’s posts: |
Starlight2345 Thu 12-Apr-18 15:12:47

You have that option with the cms . Call CMO they will give you all the information

megletthesecond Fri 13-Apr-18 09:20:56

I go through the CMS and have always received regular payments. But I'm the tint minority who also received it via CSA. I believe my ex is always employed and lives a stable life so they never had to chase him.

periwinkleshell Fri 13-Apr-18 20:14:47

It is hard work, but they are hugely busy and working within a million confines. However, they are also pretty rubbish and seem to assume the main carer parent is always lying.
That said, I have called them every week for 16 months and after no payments at all, collect and pay (direct from kids dad salary) starter at the end of May.
I think, if they are self employed, its nightmare, for everyone else, continual chasing and evidencing is vital.

Lavender928 Tue 17-Apr-18 22:15:57

I', afraid I have to agree with Highhorse. It's not the CMS but the EX.
I could never rely on CM from my ex and did everything I can manage without it. He owns his own company but is director as well as an employee so the first time I called CMS they only saw that he earns NMW (he has clever accountant who sends him payslips with minimum payment) even though that year his profit was 35k and so he was told to pay £20 a week. I've challenged it but it was taking way too long and because of it took so long I decided to not rely on his money. Now he pays £150 and I put that money into saving pot.

Therulerofmyhouse Tue 17-Apr-18 22:27:39

I had consent order maintenance and he was earning considerably more than when we got divorced and consent order initially agreed.
I went through the CMO and then onto CMS and maintenance payments were increased.
We do still have a direct payment agreement but CMS we're able to tell me exactly how much he earned and it was considerably higher than declared when we got got divorced and had previously arranged it via consent order.
I found the CMS to be incredibly helpful but my ex did comply and communicate with them fully.
It may not be as straightforward when dealing with Dads that refuse to cooperate.

greenberet Sat 28-Apr-18 06:54:20

They will assess his current income - if your kids are young I would suggest going CMS route- you never know what the future will bring - hopefully your XH will comply.

I am facing court tribunal due to my XH who is doing everything possible to pay as little as possible for his kids @Lavender928 - well done for keeping going in these circumstances - I'm the same own company _ director employed can pay himself what the hell he likes.

@Prettylovely -appalled to read that article - what happened to the powers that I thought CSA had to enforce payment - maybe they need to get tougher - CMS no better - if it was the other way round and it was their money they were talking about would they write that off too as too costly to collect - I doubt it very much.

It's the mothers and kids who go without, or find ways of managing and worry themselves sick as to how they are going to manage - whilst most EX are able to get on in their 'new' life.

We are a screwed up society with fucked up values and priorities

hotmessmom82 Sat 05-May-18 08:31:18

I started a case last July, we did have an arrangement but then my kids dad thought going on holiday was more important than paying maintenance. I have just received my first full payment. I had to call them constantly and just be a nuisance it seems to get anything done. If you do go ahead be prepared for a long wait.

helpconfused Thu 07-Jun-18 13:52:12

I used them recently.
You have to choose an option with CMO and they give you a reference number. You then ring CMS with the reference number. Mine was pretty quick as ExP played ball, which we didn't expect. They go on a percentage of last years annual income with info they get directly from HMRC.
I chose the option of Direct Pay, they contacted him by phone first then letter (as there is a restraining order in place). If the payment is more than 5 days late I am to call them to chase him for it. They said he this happens then they can apply to take it direct from his wages but means he would pay more and I get less and there is a charge with this each end. As my case is from DV they also waivered the fee to set this up.
I don't get a lot but more than the nothing he left me when he cleared the bank account! So far he has paid.

HollyGoLoudly Thu 07-Jun-18 14:22:08

This is the bit I was confused about, it sounds like they decide whether or not to proceed with CMS?

This isn't true, either parent at any time can decide to use CMS. Call CMO, they talk you through it and then you can set up your case with CMS. If he has a 'normal' job, i.e. employed by a company and pays taxes/NI through the company, then it is pretty straightforward as they can get income information direct from HMRC. Lot's of ridiculous loopholes if they are self employed or their employer/accountant is willing to help them out.

I really just don't understand why he doesn't want to pay a fair amount for his child and gets so resentful over it! Me neither. CMS calculation is the absolute minimum he can legally pay and unless he is on a high salary it is not very much confused

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