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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Closing cms case?

24 replies

PumpkinP · 30/01/2020 14:22

Ex is absent and has no contact with my 4 children (this is his choice.) I have a child maintenance case open but have never received a penny in 3 years. I’ve given up now and know I won’t ever get anything for them. He doesn’t work or claim benefits apparently (and before anyone asks what he does I have no idea, we are not in contact) wibu to close the case? Today I had a letter from them just a review of it and reminding me that he pays nothing. It actually just winds me up more having a case open and getting letters to remind me about his lack of payment that I’m thinking maybe it would be better to just close it. Has anyone closed a cms, did you regret it?

OP posts:
PumpkinP · 30/01/2020 16:22

Anyone?

OP posts:
ColaFreezePop · 30/01/2020 16:27

Leave it open. If he dies they will then tell you so you can tell your children.

debbs77 · 30/01/2020 17:14

Is he meant to be paying but isnt? Or not submitting self assessment etc.

They SHOULD eventually get access to bank accounts etc to get hold of money, though I'm never sure that ACTUALLY happens!

Inconspicuousname · 30/01/2020 17:21

Don't close it. It does happen! My ex didn't pay for 6 years, left the country, came back and CMS raided his bank for the thousands he owed our child.

It's annoying, I agree. However, I can't tell you the satisfaction when they get caught for it and have to face the financial reality of having a child.

HavelockVetinari · 30/01/2020 17:22

Don't close it, he may well get caught out eventually

Sotiredofthislife · 30/01/2020 18:06

I didn’t reopen when being changed from CSA to CMS. No regrets. He sees the children weekly and they have the measure of him.

PumpkinP · 30/01/2020 18:11

How would they tell me if he died? Sorry if that sounds stupid?

I just find it frustrating being reminded. Maybe I could ask them to stop sending me letters Confused

OP posts:
JMKid · 30/01/2020 18:18

Keep it open. Have you reported him to inland revenue?

PumpkinP · 30/01/2020 18:25

I don’t really want to report him as he will know it’s me

OP posts:
lyralalala · 30/01/2020 18:42

Just ignore the annual letters, but keep the case open

A friend of mine got a massive payment after 12 years of nothing when there was a, very brief, push on old cases and it was discovered her ex had a well paying new job and hd a massive chunk of savings

They'll be informed if he dies (if the person who reports it uses the tell it once service it goes to all government depts) and you'll get a letter saying that due to his death. They can also take anything he owes from his estate

lyralalala · 30/01/2020 18:42

They SHOULD eventually get access to bank accounts etc to get hold of money, though I'm never sure that ACTUALLY happens!

They don't even need court orders to do that, but they still don't bother

Lorddenning1 · 30/01/2020 19:20

Can you take it to the max level of direct pay?

PumpkinP · 30/01/2020 19:50

I don’t know what that is?

OP posts:
Pinkiespalace · 30/01/2020 20:29

Don’t give up OP just ignore that annual letters. I got a sizeable payout after years of the ex not paying a penny for my 3 as he has been hiding a new job from them for quite some time.

In the end it wasn’t about the money but the principle. Mine are all grown now and I worked and supported them myself and he is now stuck paying me back after he fathered more and is having to raise them too.

DimplesToadfoot · 30/01/2020 20:40

CMS closed it themselves the day my daughter turned 18 (she was still at college) my childrens dad didn't pay a penny for 14 years and totally got away with it.

aroundtheworldyet · 30/01/2020 20:43

Why would you close it. Just don’t.
You never know what the future holds

Scarydinosaurs · 30/01/2020 20:46

Don’t close it- hold out!

PumpkinP · 30/01/2020 20:52

Because my ex has said he will never work. He gets pip I do know that but apparently if you’re on pip you don’t have to pay CM. I’m thinking of closing it as I get nothing anyway. Doubt I will get a big pay out one day as like I said he has no intentions of ever working.

OP posts:
Marley040783 · 30/01/2020 21:19

@PumpkinP what is he living on himself, I'm in the same boat, father went on lng term sick to get out of paying so when it went to collect and pay he quit , rather loose his 2g a month job then pay to support the upbringing of his child that he's saying he cares about , I will never close the case though coz that's just giving in to them.

PumpkinP · 30/01/2020 21:25

I’m not sure how much pip is but I’m sure he’s probably doing cash in hand or something. According to cms he could be living off a partner but I don’t believe that is the case.

OP posts:
Lorddenning1 · 30/01/2020 21:51

I'm sure with PIP they take a flat rate of £7 a week, direct pay is where they take it off him and then give it to you.

Pinkiespalace · 30/01/2020 21:58

OP my ex also claimed this in the years he worked cash in hand to avoid it. He’d got those benefits due to heart problems

PumpkinP · 30/01/2020 23:28

No definitely not they don’t touch pip, that’s been confirmed they told me it isn’t taken into account.

OP posts:
Apirateslifeforme · 31/01/2020 00:38

Keep it open. I was contacted once about DDs father. He had quit his job several times to stop me from getting CSA for DD.
He flat out told me that he would never ever pay CSA a penny, as he didnt agree with it at all.

So I was surprised I got a letter, couldn't understand what on earth the letter was going on about, but at that point he owed about £4k.
They were preparing to make him pay, and from what I understand he had been found to be claiming benefits whilst working, and they were wanting to investigate what he actually owed, probably about the same again as he owed.

Keep it open.

I ended the claim there and then, I remember having about £3 in the bank and it really hurting to say, but i said, if he has to pay that money, he will want his pound of flesh for it. Close the claim because i dont want him to come back into our lives.

If you dont have all sorts of abuse to contend with, just keep it open because you never know what will happen

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