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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Child maintenance

167 replies

ColourfulOrangex · 25/01/2018 19:49

My sons dad currently owes over £2000 in arrears and should be paying £200 a month

Due to the arrears and the fact he still refuses to pay there has been a deduction from earnings in place for 3 months now, yet I have still not received a penny (it has been a collect and pay case from the beginning)

Am I being unreasonable in wondering what they are doing? I understand they obviously cannot pass any money on that they don't receive but shouldn't they be chasing it more than this??

I rung them today and they just said they will contact the employer, this is all fine except this is what they have done for the past few months and nothing has come of it...not really sure why I'm posting just venting I suppose but has anyone had any success with CMS with deduction from earnings?

OP posts:
RockPaperCut · 25/01/2018 21:29

I hope this isn’t a stupid question. Is there any other route to get a NRP to pay? small claims court? Or does it have to be handled but CMS?

errorofjudgement · 25/01/2018 21:30

@BrokenHollandaise - your partner needs to talk to the payroll department at work. They are not allowed to deduct more than 40% of net pay, and there is a code they must use to inform CMD of why they have deducted a lesser amount, ie because his earnings are lower.
They must not leave him with less than 60% of net pay.

ColourfulOrangex · 25/01/2018 21:31

@RockPaperCut good question, hopefully someone with a bit more knowledge than me will know Grin

OP posts:
BrokenHollandaise · 25/01/2018 21:32

I'll get him to contact them tomorrow then. Because it's leaving him with barely anything.

Emilybrontescorsett · 25/01/2018 21:32

Yanbu at all.

Why isn't child maintenance deducted at source like ni? It damn well should be.

ColourfulOrangex · 25/01/2018 21:35

I don't understand why NRP doesn't want to pay, I know I would do whatever I could to support my children if they didn't live with me, be it £5 a week or £50

@Emilybrontescorsett I think it should be too

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Hateloggingin · 25/01/2018 21:38

‘When he can’ luckily his son’s mum has him the rest of the time then, whether she ‘can’ or not, otherwise he’d be in care @BrokenHollandaise.

And there’s no way they’re taking 70% off him, unless, oh yes, your poor dp, the only bloke ever made to pay too much (or even at all!) by the CMS Hmm

Mooey89 · 25/01/2018 21:39

hate

Thank you, I was sitting on my hands to stop me replying

BrokenHollandaise · 25/01/2018 21:42

Ugh that's exactly why I never comment on these threads.

I was just trying to show it from the other side where a parent wants to pay but struggles.

rollingonariver · 25/01/2018 21:42

@BrokenHollandaise it's always the story that the mans left with nothing after paying for HIS child. I'm pretty sure his mother is paying a lot more for him than he is.
I've worked in payroll and I doubt his payroll department are that stupid, seems he may be lying to you about a few things there.

rollingonariver · 25/01/2018 21:43

Sorry I totally understand that was harsh but it doesn't sound right AT ALL.

BrokenHollandaise · 25/01/2018 21:43

And yes when he can. When his mother lets him have him.

greenberet · 25/01/2018 21:43

Another one fucked off with the system my x been paying measly amount per week finally got case reviewed and he's going for mandatory reconsideration. Checked bank yesterday and he's now decided to pay nothing at all - my depression is at its worst currently - fucked off with being screwed over time and time again

BrokenHollandaise · 25/01/2018 21:44

Hardly lying when I've seen his wage slips.

His mother is on a lot higher income than we are. She admitted that herself.

stitchglitched · 25/01/2018 21:46

It's just as well his mother earns well, £11 isn't going to buy much.

ColourfulOrangex · 25/01/2018 21:47

@greenberet sorry it's really not fair is it, my sons dad wants all the fun things with him but doesn't want to help support him, even in court when we went due to visitation they didn't care that he wasn't supporting him, they said it's nothing to do with them

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BrokenHollandaise · 25/01/2018 21:48

They took 11 and left us with 19. So no it doesn't buy much but if he physically doesn't have more money than that what do you suggest?

Hateloggingin · 25/01/2018 21:52

Not have a child if he can’t afford to pay for him? I hate that attitude, if your dp’s mum had the same attitude then I assume you’re ok with the ds starving to death? And if not, who are you expecting to pay for his light, heat, food, nappies etc etc if not his own parents??

BrokenHollandaise · 25/01/2018 21:55

He was married to her when they had him. He never thought they'd end up divorced (does anyone when they have kids?)

I'm not disputing the fact he has to pay of course he does. It just seems they are taking a lot from a little that's all.

stitchglitched · 25/01/2018 21:57

Maybe not add more kids into the mix when he couldn't provide for his existing ones? He should be grateful that his ex is doing his share of providing as well as her own, she would be charged with neglect if her input was the same as his.

BrokenHollandaise · 25/01/2018 22:05

If she doesn't allow him to see his son more regularly how is that neglecting him?

If he is working and can't get over to see him how is that neglecting him?

BrokenHollandaise · 25/01/2018 22:10

I also don't see where you've got that he's neglecting his son because I wrote he sees him when he can.

He sees him a hell of a lot more than other people I know.

stitchglitched · 25/01/2018 22:10

So he can't get over to see him because he is working, but he can't provide financially for him because he isn't working enough. Like I said, he should be very grateful that is ex is filling the gap.

Hateloggingin · 25/01/2018 22:18

‘He should be grateful that his ex is doing his share of providing as well as her own, she would be charged with neglect if her input was the same as his’

@stitchglitched Amen to that!

Brilliant way of explaining it, without the ds’ mum the ds would starve/go in to care. But don’t worry BrokenHollandaise, you’ve got a right prince among men there, he always ‘does what he can’ Hmm

MegGriffinRocks · 25/01/2018 22:25

My friend is owed thousands from CMS but like the stories here the ex just quits his job.

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