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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Child maintenance AGAIN!

16 replies

AlicesCheshireCat · 21/03/2022 12:24

So just a quick question as CMS can't seem to answer meHmm
I was on a direct payment plan with exdp for our dc of £50pw which he was paying regularly, until he had another dc and he completely stopped as he said he had things to buy for said child Angry

So I went back to CMS and he was put on a collect and pay plan, I have just called them as it's been quite a bit longer than it normally is with this months payment and they've said I'm not due one as he hasn't paid it since February.
I asked how is that possible as it is meant to come from his employer through them, then straight to me and they don't have a clue so have now put in for an attachment of earnings and I won't get a payment until next month.

So does anyone have any idea of how it actually works if it's not being sent over by his employer or hes asked them to stop making pay?

OP posts:
Thehop · 21/03/2022 12:25

His employer is legally bound to honour the attachment of earnings. He can’t tel them not to pay it.

DuckyNoMates · 21/03/2022 12:26

Has he lost or changed jobs maybe?

PinkFluffyUnicornSlippers · 21/03/2022 12:28

He definitely can’t ask them to stop making them pay. I reckon, it’s to do with the fact that the CMS can’t chase payment until it’s been late for a certain number of days/weeks.

Original poster
AlicesCheshireCat · 21/03/2022 12:31

@Thehop I know with an attachment of earnings they have to pay it, which is where it is going this month but prior to that he was on a collect and pay which is different, so I don't know if he is/was able to stop that.

@DuckyNoMates No he's definitely still in the same job.

OP posts:
Original poster
AlicesCheshireCat · 21/03/2022 12:34

That's my point @PinkFluffyUnicornSlippers, if it should be coming straight from his employer on a collect and pay basis, it shouldn't be late nor should there be any late payments as technically it is meant to be deducted from his salary before he even receives it.

OP posts:
lonelydad2021 · 21/03/2022 12:36

Collect and pay is a standing order between your x and the CMS. They collect the money and they pay you. If he cancels the standing order, you dont get paid. They moved him now to DEO as he didn't pay. The CMS collects the money directly from employer. Your ex cannot stop it. Well, technically he could resign.

Original poster
AlicesCheshireCat · 21/03/2022 12:40

Ok thank you @lonelydad2021 that's what I needed to know.
So is the standing order from his bank account or his employer?

I've tried asking him how it gets deducted from him, but I may as well speak to a brick wall as he isn't very forthcoming with any information and has asked for me to go back to direct pay, which I would happily do if I know he will continue to pay correctly and not mess around again.

OP posts:
Anon778833 · 21/03/2022 12:44

They have to pay it - it’s the law. There’s no wriggling out of a deduction of earnings order.

ElsieMc · 21/03/2022 12:50

DEO's take longer than a month to sort out op. I found this the worst way I got "paid" for my GS. It just seems a mess with too many people involved. If there is an issue, you could go Collect and Pay but I guess CMS have to give this a try first.

I was collect and pay because he just could not stick to any schedule at all and had a long history of non compliance. He went self employed because the company he worked for liked sub contractors thus avoiding NI payments etc.

He loathed being on collect and pay because you have to pay 20% extra to CMS. So his payments would be £240. That said, there would be a reduction for his new child.

He cannot pick one child over another. He has two children and he needs to pay for them. Good luck op.

Original poster
AlicesCheshireCat · 21/03/2022 13:22

@ElsieMc He was on collect and pay already as he completely stopped when he had his other dc.
CMS have now decided to do a DEO as he has missed the last 6 payments whilst on collect and pay.
I wouldn't have known any different as I get paid the amount monthly even though he gets paid weekly. They have said because he has missed those payments I now won't receive this months maintenance, but will receive an unknown amount next month as they have already set up the DEO to take payments starting this week.

OP posts:
Nicholethejewellery · 21/03/2022 13:24

BTW you might not get the same amount as before because of him having another child now.

Original poster
AlicesCheshireCat · 21/03/2022 13:36

As far as I am aware he hasn't provided them with the information that he has another child, obviously I know once he has added them larger deductions will happen, but for now and I know this makes me sound selfish he can continue paying the amount he has been.
It is all he contributes towards his children, he picks them up one evening a week for 2 hours (his choice) the rest is up to me. £50 for two children is nothing, he also owes them over £3000 which I doubt they'll ever see.

OP posts:
ElsieMc · 21/03/2022 14:31

I managed to get the lump sum op. Grim determination. CMS took out a liability order then tried to get a charge over his property - which he then transferred to his parents.

He earned £50,000 but got a nil contribution by claiming to earn £180 pw doing the same job and CMS let him! It got moved to fraud and they asked for his books for the past few years from his accountant. The next day he offered a lump sum payment if I cancelled future child support. I agreed as GS was nearly 18 and at college. Best thing I ever did and severed all ties.

If he owes £3000 surely CMS should have looked at a liability order. He owed £2000 when they pursued for my gs. He will have to pay for the hearing as well. It formalises the debt and he will always owe it.

PinkFluffyUnicornSlippers · 21/03/2022 16:35

@lonelydad2021 has got it spot on. Because he’s moved from collect and pay to DEO, that’s where the problem lies. You may well find you’ll never get that ‘missing month’ either as they’ll just put it as arrears.

PinkFluffyUnicornSlippers · 21/03/2022 16:37

@ElsieMc

I managed to get the lump sum op. Grim determination. CMS took out a liability order then tried to get a charge over his property - which he then transferred to his parents.

He earned £50,000 but got a nil contribution by claiming to earn £180 pw doing the same job and CMS let him! It got moved to fraud and they asked for his books for the past few years from his accountant. The next day he offered a lump sum payment if I cancelled future child support. I agreed as GS was nearly 18 and at college. Best thing I ever did and severed all ties.

If he owes £3000 surely CMS should have looked at a liability order. He owed £2000 when they pursued for my gs. He will have to pay for the hearing as well. It formalises the debt and he will always owe it.

You’ve given me hope! I’m still owed thousands even though DS is grown up now but I’m keeping the case open just in case. Every time I hear stories like this i get hopeful 🙏
Original poster
AlicesCheshireCat · 21/03/2022 18:02

Yes but I want to know how it has now gone to a DEO as he was on collect and pay, so how is he able to cancel anything if isn't the one paying it?

I hope that they do get the money owed to them, but I doubt they will.

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