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Child maintenance - ExH using loophole

10 replies

bonfireheart · 14/09/2018 19:05

ExH owes over £6k in maintenance over 6 years.
He doesn't pay direct to me. So they do an employment check and ask him to pay direct to them. Of course he doesn't coz if he doesn't pay me he isn't going to pay them. He doesn't respond to any of their letters or calls. Once in a while he will make a very low payment and then CMS will say "well at least he's paying something" and decide that's enough. Then next month he won't pay I ring them and they say oh we will have to do an employment check again, and then we go through it all again on an endless loop.
Everytime I ring them they'll say we will send him a letter or we will continue to monitor or last time they said if he doesn't send us the money there's nothing we can do.
Now the last two months he's paid me direct. £100 less than he should each time. If i ring them they'll say again "well at least he's paying you something". And not do anything!
On their website they talk about all the powers they have. Is a "deduction of earnings" myth because they seem so reluctant to do it. What can I do?

OP posts:
Redken24 · 14/09/2018 19:06

Bumpppp can't help but hopefully some other traffic will help

BirthdayKake · 14/09/2018 19:09

Honestly... It's fucking hard. Like getting blood out of a stone. I'll never stop fighting for the maintenance my children are owed, but I try not to be bitter about it. It shows what kind of "men" these twats are.

bonfireheart · 14/09/2018 19:17

That's what i think. He sees her once every six weeks, does nothing to contribute to her wellbeing and upbringing but is happy to give himself credit for the mature, kind and sensible child she is! Hopefully she sees mummy being strong and independent & that rubs off on her.

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greenberet · 14/09/2018 19:18

Hello Op I’m in a similar position with x using any tactic possible to minimise his payments to me - he also has arrears of approx £6000 but is disputing this - I have been told similar wait until next month see what’s he pays and then we’ll do something about it - ive been asking for it to be switched to collect and pay - I understood this system meant they take the money From him - how though I don’t know. Anyway last week they told me that they are now cracking down on people flouting the system _ they are supposed to have one chance at making an “incorrect” payment and then it gets escalated to next level - not endlessly not paying the correct amount using one tactic or another. Whether this happens or not I cannot say I have to wait until 1 October to see what I get - but don’t give up!
,

bonfireheart · 14/09/2018 19:18

I just don't understand though how if you owed money on a loan or credit then you'd have bailiffs after you, but you can abdicate all financial responsibility for a child.

OP posts:
bonfireheart · 14/09/2018 19:22

Direct Pay is when ex pays direct to you.
Collect & Pay is when the ex pays direct to the CMS.
So i wouldn't hold out greenberet

OP posts:
Racmactac · 14/09/2018 19:27

Get your MP involved. It makes a massive difference.

SpottingTheZebras · 14/09/2018 19:29

I would write to your MP and ask them to intervene and contact CMS on your behalf and insist on a DEO on the basis that he is intentionally playing the system.

bonfireheart · 15/09/2018 09:32

Thank you. Am going to get all my papers together and go to the MP's open sessions.

OP posts:
greenberet · 15/09/2018 18:55

I wrote to my MP he wasn’t interested basically said people in government would be dealing with this.

There was one very active lady MP in the north somewhere I contacted her but she was unable to help as not my local one.

May have to do what zebra says

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