Domestic abuse and CMS

[dee961]

Hi

I just wondered if anyone knows the answer to this as can't find clear information online.

My ex was (well still is) a perpetrator of domestic abuse against me. Many police reports etc.

I opened up a CMS case a while ago, it's direct pay. I informed them at the time of the DA.

So since it's been opened I've been having consistent problems with him underpaying- it's often by small amounts... £10-15, sometimes only £5 or 6.

I know it's not much to complain about. But I'm sure he does it on purpose just because he thinks he can or as a way to continue to control me.

He also never pays on time, but just under their threshold for reporting late payments... again I'm sure he does this on purpose as a method of control.

I've asked to switch to Collect & Pay. I know if it's accepted I will lose more than I will gain but I simply do not want him to have the control to do this anymore, and continue to play games.

Does anyone know my chances of this accepted? I've provided all evidence of the late and underpayments, and also the evidence of police involvement over years, last crime reference is from December last year.

He's not allowed any contact with me or our child so this is like his last way to control anything which I think he's doing.

If anyone has been here I would appreciate your response. Thank you.

Following

Well they rejected it, despite the evidence I provided.

They also rang my ex and he sent me a load of abusive text messages straight away.

So much for the CMS being better about domestic abuse.

So sorry to hear that. When I asked for them to collect because of DV they just did it - he didn't actually pay and tried to take them to court 🤦‍♀️ but at least I was able to take the view that it was nothing to do with me and CMS would sort it. Can you appeal?

Appeal.
Via a phone call human to human.

I got direct pay due to DV when I rang to initiate the claim no questions asked.

Thank you. I'm going to phone tomorrow first thing.

I just can't find a clear guideline online? Some websites are saying with DV it should be my choice to have collect and pay?

I've provided them crime numbers, very decent ones and historical ones including when he raped me.

This has caused me so much distress today, I was at work and received a load of abuse from him, I was physically shaking.

I've blocked him now.

There are parent apps you can use to communicate with partners that have been abusive. Have a look in the App store.
Call them and explain this is the last form of control he has take it way. Stop facilitating it.
Good luck OP 🫂

I've tried to ring all morning, I rang first thing at 8am and got cut off after 45 mins. It really is a terrible system isn't it. It's left me open to abuse.

Not sure if anyone is still reading and can help, I got through to CMS.

They said the caseworker has documented that he's paid in full, no underpayment and that he's provided evidence.

He has paid in full now after they have spoken to him, but not before.

It just seems inaccurate and I feel gaslit.

I told them again about DV and said I provided evidence. They still said collect and pay only for missed payments.

I queried is it not for partial payments then?

Yes was the answer.

Asked why I can't have it then?

Because he's paid in full.

But he didn't?

Well that's what the caseworker has said. Not true.

How do I complain or appeal this.

I told them he's sent me abusive messages after he was contacted. We'll report to the police. I have.

Report again if he makes underpayment. Told them I am wary of that now due to abuse. Didn't seem to care.

What do I do

Bump