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CMS, What to do?

10 replies

WhatInTheHell · 28/09/2020 04:51

Sorry if this is posted in the wrong place, but I can't sleep and could do with some advice.

So here goes. I put in a claim to CMS after I split with my ex. I heard nothing back from them due to lockdown, and he refused to pay anything either. He claims he shouldn't have to. They recent got back in touch to say they was going to look into the case and would try to get in touch with the ex. They also said it would be back dated from the start of April.

On Friday, I received my letter stating how much he has to pay etc and that if he doesn't, I can ring and they will use the collect and pay service as well as add an extra 20% on this. They also added an extra amount as it has been backdated.

The DC were with ex this weekend and I was due to pick them up yesterday so I thought I'd speak to him then. However, he said they wanted to stay and he would drop them off in the morning before school. I said that's fine, it's very rare he has the kids an extra day but also I don't begrudge my children that extra night with their dad. Anyway, that's a bit beside the point.

I text him to say we needed to talk about said letter and asked if we could do it in person as words can come across differently through text. He didn't want to do that, he then proceeded to text me that he refuses to pay it and that they can't do anything about it. It got quite nasty on his end. He also threatened court for the umpteenth time.

I told him there's nothing I can do, I apologised that the amount is so high and reiterated that it is for the children and it is the minimum that they should get.

My ex is extremely money oriented and I can tell that this has touched a nerve massively. He's now refusing to give me the deposit for the house. Told me he'll tell the court anything they need to know because I'm a money grabber and cannot provide for myself Hmm Although I paid for EVERYTHING when we were together.

Back to the point, if he takes me to court I assume that they're just going to say that he has to pay it anyway. Will they just laugh at him? Shall I ring CMS and say that he's being uncooperative? I don't technically need the money, but the children are entitled to it so why shouldn't he pay.

Oh I almost forgot, he's kept his receipts of what he's paid for the kids so I need to be worried. His weekly 2 day shopping bill absolutely overrides the £500 maintenance he's supposed to pay. Did I mention he's an idiot?😂

Thank you for reading!

OP posts:
earlydoors42 · 28/09/2020 06:33

What a douche! Ring the CMS and say he has refused to pay and use their collection service. I doubt he will take you to court - what would it be for?

pincertoe · 28/09/2020 06:44

Ring cms and let them sort. It doesn't matter what he spends when they are with him as his calculation is adjusted by how many nights he has them so he can keep as many receipts as he likes.

If you don't need the money save it for when they go to uni. Assume if he begrudges supporting them as children he won't support them as young adults trying to get on at uni.

OhioOhioOhio · 28/09/2020 06:51

You have to ring the cms and tell them everything. I'd use their online portal service because their phone system is awful. Eventually the cms take him to court for you. Thats where I'm at and the more lies he's told the better for then I guess. It is a fkn nightmare. Don't communicate through him. Through the cms from now on.

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WhatInTheHell · 28/09/2020 07:05

Thank you for replying guys!

@earlydoors42 I have no idea what he's taking me to court for. He said he's entitled to 50/50 but never wants the kids more than 2 days. He said he'll get custody so then I have to pay maintenance 🤷🏽‍♀️

@pincertoe I told him that, but I'm a liar and I'm just trying to ruin him Hmm I was thinking about putting some away for them because I don't want to rely on the money because it's not a guarantee if that makes sense.

@OhioOhioOhio I shall have a look later on the website. Is there a communication part where they'll reply? Or shall I just give them a call and hopefully I get someone who knows what they're talking about?

OP posts:
unicornsarereal72 · 28/09/2020 10:35

Just let the CMS deal with it. Send a message on your portal he is refusing to pay and you would like them to do deduction of earnings. They will write to him and suggest he pays you directly. Then approach his employer. This took 3 months when I went this route. Pre covid. But then my ex went self employed. So they can't do the deductions. But the arrears are adding up. As he has done nothing about it.

I too have an enforcement order in place but as he keeps moving they haven't achieved anything. I continue with the process. If I get any money I can put it by for the kids.

Don't give up and Good luck.

OhioOhioOhio · 28/09/2020 22:03

The Cms don't reply through their portal but they will phone you. Eventually. It just takes ages. Their window for responding to you is currently 12 weeks.

combatbarbie · 28/09/2020 22:11

CMS and contact are two separate things. If he wants to take you to court that will be for 50/50 care.... But he still owes the arrears and still has to pay. He can't go to court to not pay maintenance.... That's why the CMS is there, they are the legal authority.

WhatInTheHell · 29/09/2020 06:36

@combatbarbie thank you, I told him that but obviously he has more power than anyone Hmm He said that the CMS completely made that amount up and they can't do anything about him not paying it. I swear he's delusional.

So am I best to give them a ring today or put a note on the portal. Or better still, shall I just do both? The payment isn't due until 1st October, which I guess is only tomorrow so I might as well get onto them.

OP posts:
OhioOhioOhio · 29/09/2020 07:26

Do the portal and screenshot it. Phoning is awful. Expect to be on hold for about 45 minutes before anyone answers. And, that was before lockdown.

unicornsarereal72 · 29/09/2020 10:07

If it's not due until the 1st you will have to wait until that date passes

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