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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

CSA/CMS

21 replies

Cooper88 · 25/11/2019 20:32

Posting her for traffic if you don't mind. I'm normally the one googling the questions and finding answers from you lively ladies.
I'm asking on behalf of my DSis her new husband been together 5ish years has one possibly two children from previous relationships, she has 5 but only 3 at home with her (long complex story that will make you eyes roll). So his two ex's have gone to CSA/CMS (what are they called these days I'm not sure). They have gone direct to collect and pay from wages and are demanding £500pcm, he earns £800pcm. There only other income is tax credits/housing benefits/child benefit. So his wages pay the rent, he is going to phone them tomorrow to try to get this amount changed as I'm sure everyone can see that is going to cause hardship to his family etc, my question is whilst they do the mandatory reconsideration will the freeze the collect for this month as obviously rent and bills are due. He does want to pay for the kids, one he is not sure is his and has asked for a DNA test but happy to pay untill then and continue if he is his, just at a more reasonable rate as he has another family to pay for etc.
Please no judgement as it's my sister I'm posting for not me and I get stressed enough with her. 🙄

OP posts:
MyMushroomsInATimeSlip · 25/11/2019 20:36

Sounds like arrears to me if it's that amount.

VolcanionSteamArtillery · 25/11/2019 20:37

They can see his income at the point of collecting tax. What makes you think his income is only £800 pcm.

Original poster
Cooper88 · 25/11/2019 20:38

I think it is, but according to there website they can only take 40% maximum which I work out to be £320 ISH. Just wondering about the freezing the payment this month as it is a couple days before rent due etc. Whilst it is sorted out

OP posts:
lyingwanker · 25/11/2019 20:39

He must be in arrears and they can take up to 40% of his earnings if its arrears. If he rings them up and sticks to his guns they will accept a payment plan over standing order. However, if it's a deduction from earnings order he must have failed to set this up several times beforehand!

Original poster
Cooper88 · 25/11/2019 20:39

Because I've seen his payslips.

OP posts:
VolcanionSteamArtillery · 25/11/2019 20:40

They can only take up to 40% for arrears

Original poster
Cooper88 · 25/11/2019 20:41

@lyingwanker tbh he probably has and my sister has only just found out about the letters so is kicking his backside, so whilst they set that up still as at the wages point would it be frozen untill sorted?

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PinkCrayon · 25/11/2019 20:45

It also doesn't just go straight to collect and pay from his wages his exs can't just ask for it and it be done. He has to refuse to pay firsl, in my experience the refusal was over a year of repeated attempts to get him to pay, before they would put him on collect and pay. They never got any money out of him in the end.
Seems he's telling some porky lies!

PhantomErik · 25/11/2019 20:47

I think they take tax credits as income so it won't just be his wages.

Original poster
Cooper88 · 25/11/2019 20:49

@pinkcrayon most likely as I have said my sis is kicking his backside he is a twat completely agree, however as this has just been put to his boss and will affect this pay so rent etc whilst he disputes the amount and gets it sorted will the freeze this month's payment is the question.

OP posts:
kitk · 25/11/2019 20:49

It takes a lot to get to collect and pay stage so this dsnt ring true I'm sorry. You may have been told this but don't take it as gospel is my advice 😕

Original poster
Cooper88 · 25/11/2019 20:50

@phantomerik ahh ok we did not know that. I have not had to deal with them, so do you know if WHILST they sort this out with income etc will they freeze this payment do you know.

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Original poster
Cooper88 · 25/11/2019 20:52

@kitk I'm really not taking this as gospel and am raging at them I'm just asking to see if that is possible. Tbh I wouldn't be surprised if the answer is no, it's more I cannot find anything online.

OP posts:
alphabetti · 25/11/2019 20:57

He has clearly been refusing to pay adequate child maintenance otherwise it would be taken directly from his wages. It is a long process and you have to allow opportunity to pay before they will allow a deduction to be set up.

You can’t just ignore the older child’s needs and move on to new life/family they need to still be paid for. Child maintenance service only calculates the minimum you should be paying based on your income so if you can’t do that you should be ashamed really.

Musereader · 25/11/2019 20:57

They will not suspend collection.

When a DEO is submitted there should be a 60% number on it which employer cannot leave nrp with less than even if it means less cm is paid.

Cm for 1 child is supposed to be 14% and arrears maximum is 40% which makes it sound like they think his wage is at least £1,250 a month to ask for £500. So going on that figure the nrp min pay is £750 so if he only gets £800 per month means they will only deduct £50.

I think he probably already gets £1300 with £500 deducted and gets left with £800 at the moment and has just got a yearly letter saying £500 deduction and op is thinking that it is a new deduction. Nrps were always asking me to reassess based on after deduction income idk why but they could not seem to grasp that we could not disregard our own deduction.

Original poster
Cooper88 · 25/11/2019 21:02

@musereader thank you for that information. He really has been an idiot with this whole thing from what I can tell. I understand what you are saying so will explain it in idiot terms and look at his letter as well to double check that.
Although just so I don't bug you again say that there has been an error on the CMS part (99% sure there hasn't but just incase) what is the procedure?

OP posts:
VolcanionSteamArtillery · 25/11/2019 21:04

I dont think anyone believes there has been an error on the CMS part in this case....

Original poster
Cooper88 · 25/11/2019 21:05

@alphabetti I completely agree good job it's not my husband as I would kick him six ways to Sunday. This is just so I can can try to help my sister in some small way as she has not asked for this headache (although she did marry the prat)

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Original poster
Cooper88 · 25/11/2019 21:06

@volciaion I don't either but I'm asking incase so I don't need to do another thread 🙄

OP posts:
Musereader · 25/11/2019 21:44

When you say you have seen wage slips did you look at bottom line only or did you note how much tax and ni is paid, if there are other deductions made and what the hourly rate or number of hours is?

Assuming over 25 and not apprentice £8.21 is minimum wage and 800x12/52/8.21 works out to 22 hours per week. Also under the tax threshold - and the ni threshold is 719/month which would mean that he has paid 11 in ni which is only 1.3 more hour per month.

Is he working full time? If so 800 is underpaid or indication that a deduction is already being taken.

Original poster
Cooper88 · 25/11/2019 22:08

@musereader tbh I think I looked at the bottom line only, so would be after dedications. He says (obviously taking with a tablespoon of salt) that his employer has said this has only just been sent to them, so will be the first month of it being taken hence the confusion on mine and my sister's part.

OP posts:
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