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Original poster

deduction of earnings order - any experience?

28 replies

donners312 · 08/01/2018 17:43

CMS have finally agreed to deduct money from Ex's place of work after he has filed to pay correct amount for past 6 months (and nothing for the 2 years prior but thats another story)

Anyone have experience of this - how long did it take to set up?
Will he get another chance to get out of this or now the wheels are in motion is that it?

I feel like he will call them and say he'll pay and they will cancel it?

OP posts:
WhataLovelyPear · 08/01/2018 19:23

I had this with my ex. It didn't take long but he was furious with me because it meant he had to go without the money and the fee on top (instead of me going without 🙄). It worked well for a few months until he left his job. Then he left the country and I'm currently owed about £5k in arrears. Every now and then they write and ask me if I'd like them to forget about it, and I tell them no. A tiny part of me is hoping they'll deduct it from his pension when that kicks in....

TheQueenOfWands · 08/01/2018 19:29

They did this with my ex after numerous attempts to collect money.

They took one payment, I suspect he didn't read the letters/hadn't updated his address so it came as a shock.

He then quit his job and has successfully claimed benefits since. I was getting £5 per week but cancelled the who thing when the changes came in.

If someone doesn't want to pay then they don't pay.

Original poster
donners312 · 08/01/2018 20:21

to be honest my ex cannot keep a job and i'm pretty sure he will be out of work by the time it kicks in. If it doesn't he will do his nut and probably resign so he doesn't have to pay.

It's unbelievable to CMS write and ask if you would like to drop the whole amount? Why would you? does anyone say yes?

whatalovelypair - Now he is working overseas can't you get the court to assign how much CM? I think my ex will go overseas to be honest.

These 'mean' are just so totally disgusting, just wish they had their parental rights taken away seeing as they don't want the responsibilities!

OP posts:
Original poster
donners312 · 08/01/2018 20:21

men not mean

OP posts:
WhataLovelyPear · 08/01/2018 20:29

He's moved countries, and would probably do so again if CM caught up with him. He's pretty much given up his parental rights, swans back once a year to play at being a father for a couple of weeks 🙄

nandaandm · 08/01/2018 20:36

I work in payroll and my experience is that once the CMS get involved our employees usually leave. I must point out the field we are in does have a high turnover of staff usually moving around different companies within the industry, but when I've had employees back its never long before CMS catch up with them again so unless the leave the country or give up work, then they don't get away with not paying for long.

Original poster
donners312 · 08/01/2018 20:39

Whatalovely - yes my ex only sees the children about 2x a year doesn't stop him thinking i have to answer to him, total control creep.

Nandaadm - thanks for that info that is what i was wondering. I am sure he will get sacked anyway he usually does. When you get these orders will anyone he works with know? I guess no one cares i think it must be the most humiliating thing ever.

OP posts:
Weezol · 08/01/2018 20:46

If he leaves voluntarily may not be entitled to benefits for up to 26 weeks. Would this news put him off quitting?

Original poster
donners312 · 08/01/2018 20:59

Nope - he is loaded (just tight).

He didn't work for over 2 years just to spite me so he wouldn't have to pay CM.

He is a real Prince! Drives a range rover, and is always on holiday, just doesn't give a toss about his two lovely children.

OP posts:
TheQueenOfWands · 08/01/2018 21:29

CMS conned me.

ExH owed about 6k. They said that if I closed the case (because the £5 a week wasn't worth the effort) the 6k would still remain as a debt. They would contact me and ExH about him clearing this balance.

Of course I never heard anything.

Did try and phone but no one there ever knows what's going on and you just get passed from person to person and then told that Greg is handling your case but he's currently skydiving in the Maldives.

Hmm

Very helpful, Greg.

Anyway, I gave up. The hassle was taking up too much space in my tiny noggin.

IrkThePurist · 08/01/2018 21:31

Ex emigrated rather than pay, and we never received a penny.

Original poster
donners312 · 08/01/2018 21:33

I know they don't ever seem to get anything done i have had 6 months of 'call back next week' and 'lets just see if he pays' etc

Nothing does seem traceable and i don't understand why the debt of CM arrears isn't recoverable using bailiffs? I know my ex could pay with pocket money but there doesn't seem anything you can do. They can owe us thousands so kids can hardly eat yet are allowed to go on holiday etc

OP posts:
Original poster
donners312 · 08/01/2018 21:34

Irk - I think my Ex will go as well. I hope he does, Can you not chase the money through court though?

OP posts:
MotherofaSurvivor · 08/01/2018 22:18

3 months to set up usually

TJ2503 · 08/01/2018 22:29

Donners - it is recoverable using bailiffs but this a very looooong process. They have to go through loads of legal hoops and then get a liability order, then give the non resident parent ample opportunity to pay, before going to bailiffs. I went through 4 years of this with the CSA (the last option they were on was back to court for a court order or committal) before my case was transferred over to the CMA. They are a total joke - my Exh owes £7k in arrears and I had a lovely conversation with the CMA last week who essentially said the debt was "unrecoverable".....

Missonihoni · 08/01/2018 22:34

Bloody hell what lovely men you lot impregnate you Shock

Missonihoni · 08/01/2018 22:34

You lot let **!

ConcreteUnderpants · 08/01/2018 22:37

Yes, about 3 months to set up (so no money during that time).
Worth it though, as at least I know I'll definitely get it each month now.
Register for their text service and it lets you know when you've been paid.

FunSizedNinja · 08/01/2018 22:38

My ex owes over 4k in arrears. Changes jobs every 3 months when the CSA have caught up to him. The CSA are the biggest load if idiots and dont seem the slightest bit interested in recovering whats owed. Or gave me an answer as to why they have allowed the debt to accrue to such an amount. He was in work for 2 years failing to pay before they served a DOE order. I have lodged papers at small claims court. At the end of the day. Its a legal debt that hasnt been paid.

Gottabenow · 08/01/2018 22:40

Yes I was told by cms they don't chase up arrears after a certain time now. Can't remember how long but it's not long at all. I thought the arrears amount would remain forever and wondered if I would ever get it but apparently not.

I've got one who doesn't work to avoid paying too.

pemberleypearl · 08/01/2018 22:47

Thanks for that Missonihoni.

CrazyDaze1 · 08/01/2018 22:51

It’s an absolute disgrace that so many ‘fathers’ in the UK get away without paying any maintenance for their children (and thus the State - ie the taxpayer) picks up the tab.

I live in the USA and our State law means that it is not so easy for a parent to avoid paying maintenance. Not only can their wages be garnished, their driving licence is also suspended. Indeed when the driving licence is renewed every four years one has to make a declaration stating that they are not in arrears with any maintenance payments. If still not adhered to, the parent will be sent to prison,

I think that the governments in the UK should also copy this model.....and also revoke the parent’s passport (if he/she is a British citizen). No more nice holidays for them......and no chance of emigrating either with a British passport.

chocolatespiders · 08/01/2018 22:56

I would like to think you will get what's owed. But I have not had anything since June . Currently £1000 in debt despite a deduction of earnings in place. I have just emailed my MP!!

TJ2503 · 08/01/2018 22:58

Missionihoni - pretty sure if I had known what a lying fuck my ExH was before marrrying him and "letting him impregnate me" I may have thought twice... hey ho... you live and you learn

Jessikita · 08/01/2018 23:10

Carazydays1 - often the state is still picking up the tab due to these useless parents who don’t support their children. It used to be any maintenance paid was deducted from benefits (or “welfare” I think it’s called in the states) but that was abolished.
So if a parent is on benefits then any maintence is “extra” so to speak.
This was because so often, a parent would have an amount that the paying parent was assessed to pay, but then they’d pull a stunt like above and the resident parent was left extremely short of money.

These parents should not be allowed to get away with supporting their children. IMO it should be like if you quit a job to go on benenofts you get sanctioned, so if they quit a perfectly good job, and don’t work their assessment should stay the same.