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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Can they really do this?? - CM related.

124 replies

LanaKanesLeftNippleTassle · 29/04/2017 11:12

Now...before I start I have absolutely no objection to paying CM- at all.
I love my DSDs unconditionally.

DSD1 there is no CM as she is in her early 20's, DSD2 is 17 and this is who the maintenance is for.

When DSDs mum applied for maintenance she made out she had tried to set up an agreement with DP (she hadn't btw) so they went straight to attachment of earnings- this was 8 years ago, we have never not paid it, and the attachment of earnings order is massively relevant here.

So fast forward to this month- DP hada heart attack four weeks ago.
As a result, this month he was due to be paid SSP- about £80 a week.

The CSA have taken every single penny of it.

We have nothing to live on....literally nothing.

I know we need to pay CM, but basically it means our 4 yr old is going to go without, and when I say without....we are going to be scraping the cupboards, and I have no idea how I am gonna pay the rent and bills.

We don't have savings, don't claim any benefits and DP will be back to work next week....we need money!!

We would have had no problem payiing a bit extra next month, when DPs back on a wage, we could have sorted something out.

AIBU to think that this can't be right??

OP posts:
LanaKanesLeftNippleTassle · 29/04/2017 11:46

Thanks for all the helpful stuff.

We can go to DPs employer on Tues then armed with some knowledge, didn't realise it's their cock up, thought the CSA took it direct IYSWIM?

OP posts:
PuppyMonkey · 29/04/2017 11:46

"FFS can nobody type full words anymore?"

Quote of the day here. Grin

victoriousblunder · 29/04/2017 11:48

You need to have the claim reassessed, it was put in prior to him having another child and is no longer correct Flowers

Idrinkandiknowstuff · 29/04/2017 11:48

FFS can nobody type full words anymore

Grin
HermioneJeanGranger · 29/04/2017 11:50

The CSA take their money based on his annual salary, or what he's meant to be paid per month (say 37h @ £8 or whatever).

In my experience, they took more when ex worked overtime, but no less if he was off sick. I guess their logic is that the children need to be fed/clothed/housed regardless, but that if he earnt more, the children deserved more, IYSWIM.

melj1213 · 29/04/2017 11:52

It's not that I'm ashamed, its just seems stupid when we are employed/ will have a wage next month, and there are families who don't even know when the next pay cheque is.

That's all well and good, but next month's money is not going to feed your 4 year old now.

HermioneJeanGranger · 29/04/2017 11:52

You need to have the claim reassessed, it was put in prior to him having another child

Where does it say that? Just because the Attachment of Earnings order was put in place prior to the birth of the 4yo, doesn't mean the amount hasn't been recalculated since his birth.

myoriginal3 · 29/04/2017 11:53

FFS is a well recognised acronym. CM is not.

myoriginal3 · 29/04/2017 11:55

I'm just sick of trying to read threads and not having a clue what they're about because of all the acronyms. It makes my rather addled brain hurt. FFS.

wowfudge · 29/04/2017 11:56

It was pretty obvious what the OP was referring to from the word go.

myoriginal3 · 29/04/2017 11:56

Plus Facebook is now confusing me because AF doesn't mean period on there it means 'as fuck'. FFS!!! Just type the fucking words.

myoriginal3 · 29/04/2017 11:58

No it wasn't obvious in the title. I wouldn't have clicked into it if I knew it was related to child maintenance as I know fuck all about it. JUST FUCKING TYPE THE WORDS.

SemiNormal · 29/04/2017 12:01

No it wasn't obvious in the title. I wouldn't have clicked into it if I knew it was related to child maintenance as I know fuck all about it. JUST FUCKING TYPE THE WORDS. - Chill the fuck out will you! You could have clicked and closed the tab in all of about 2 seconds - instead you've had to make a big song and dance about it taking up even more time.

Musereader · 29/04/2017 12:01

All DEOs have a minimum amount of 60% that is supposed to be left and it is written in a £amount on the order, (i used to write them) so if they have taken all of it it is the employer who has sent that amount to the csa - he needs to speak to his payroll. Csa did need to be told that he was on sick as they would have reassessed for sick leave amount and then again when he went back to work - when we phoned an employer to ask if nrp was on sick we would always ask for a expected return and diary for that week to see if he did go back.

Csa need to be informed asap as they will only do changes from when notified, no matter when it happened weeks or years ago and your dp has been remiss in not informing them.

TheWitTank · 29/04/2017 12:02

Well how long did that click take myoriginal?! Two seconds? Dramatic much.

PoorYorick · 29/04/2017 12:02

It's not that I'm ashamed, its just seems stupid when we are employed/ will have a wage next month, and there are families who don't even know when the next pay cheque is.

Food banks are, by their very nature, intended as an emergency stop gap measure. So don't let that stop you if you need food now. If it makes you feel better, you can give a donation to it next month when your head is above water again.

delilahbucket · 29/04/2017 12:03

He needs to contact the CSA and tell them he has a temporary pay reduction.
As pp said, they do not skip straight to an attachment of earnings order of the resident parent says they have tried to set up a payment agreement. They take months to set up and many, many letters are sent first giving the amounts to pay, due dates, and outlining what will happen if payment is not made. Took the CSA 8 months to set this up in my case, ex left his job and the rigmarole started again. Took about three months the next time round and he left again.

harderandharder2breathe · 29/04/2017 12:04

Definitely complain but as you said, it won't help immediately

Find out how to get referred to the food bank in your area

Speak to the companies regarding your bills and even your ll if they're the reasonable sort, explain the situation and ask what they can do to defer payment this month

Do you have anyone who could lend you some money to keep you going?

You're not alone in living month to month, those berating you for that must have no idea what it's like to literally only have enough money for essentials and nothing to save.

victoriousblunder · 29/04/2017 12:05

Hermonionejeangranger

It says:

this was 8 years ago, we have never not paid it

TheWitTank · 29/04/2017 12:07

Do you have overdraft arrangements? Any chance of extending one (you can do this online).

myoriginal3 · 29/04/2017 12:07

It wrecked my head because I read the first few lines and interpreted that the oldest child didn't need a childminder because she's 21. I had to read a few paragraphs before I could figure out what it was about. Hence my annoyed response. There's no need for it.

MrsTeller · 29/04/2017 12:07

DSD also needs to be fed this month.

On a salary above child benefit level, I'm surprised you haven't put a little money on one side for emergencies.

I'm also surprised that your DP has gone straight onto SSP after being off work for 4 weeks, did you know he wasn't entitled to sick pay from his employer?

onadifferentplanet · 29/04/2017 12:08

The CSA don't set up an attachment of earnings order lightly and give the NRP numerous chances to pay before they do. My ex went sick half way through December and I received a reduced payment in Jan and nothing in Feb or March as there should be a certain amount each month that is ring fenced before the employer can deduct anything, this month I have received my normal payment plus most of the arrears and would expect to receive the remainder in next months payment.
It is the responsibility of his employer to make the payments to the CSA and they should also have informed the CSA in advance that your Dh is off sick and there would be less being paid, so his Employer should be your first port of call. Does your DH not get his pay made up to full pay for the first few weeks of sickness?

nerdsville · 29/04/2017 12:08

Just to add, I work in payroll and the money doesn't actually have to be paid over to the cms by the employer until 19th of following month, so there's every chance the employer actually still has it.

I've had circumstances previously where we've taken an incorrect amount from an employee, called the agency involved and got confirmation that we've deducted in error, and then refunded the employee the relevant amount immediately rather than pay over too much and expect them to wait for a refund.

Definitely worth speaking to payroll as if it's their error and they haven't sent the money to cms yet then they should be able to refund asap.

TheWitTank · 29/04/2017 12:09

"Wrecked your head"?! It's a thread on mumsnet. I think you need a little lie down!