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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

CMS

50 replies

Lioness100 · 02/08/2022 00:16

Ex has been a Ltd Company Director- he makes up what he earns, can easily be found on Companies House. Drives a very expensive BMW. Has taken our children on holiday when I couldn’t even afford one overnight. I work a professional job, have set up a business to try and get additional income as the figures don’t stack up. I can’t run a household on one salary and provide for my children. I’ve put a complaint in on the automated service- told I’d hear in 7 days- no response. Put a 2nd stage complaint in- no response. Tried to phone, over an hour on hold just to be redirected and cut off, many times.

I’ve now just looked at my online account “NO PAYMENTS DUE FOR YOUR CURRENT PAYMENT PLAN”

I have no other information- no response to my complaint, I can only assume the pittance he was paying is going to stop?

We are in financial hardship despite the fact I work a professional job, I’ve had fantastic counselling through Women’s Aid which had helped me progress with regards to my mental health and now this?

It feels like a never ending cycle of systematic abuse that I never ever want to find my daughter’s or friends in.

When does it end?

OP posts:
coodawoodashooda · 02/08/2022 00:34

Wish I knew. Sorry.

BiscoffSundae · 02/08/2022 00:49

That’s why they tell you not to rely on maintenance harsh but true, I’ve never had any.

limitededitionbarbie · 02/08/2022 00:59

Op I am battling myself.

It's so hard.

I'm sorry you are also doing this.

I took the CMS and my ex to court. He's also self
Employed. I was awarded £500 a month via the court as he showed up for no hearings. Just ignored letters for his accounts.

He owes over £16 debt.

As soon As he got that letter he went on benefits and worked it so he has to pay £10 a week.

He's doing it in a way it's not showing. I know he earns over £100k a year

If they are seld employed I'm sorry they will be slow to help and shit.

Im so lucky we don't need it but I am raging. What about people who do need it and rely on it??

Nothing is done. No debt chasing nothing.

Good luck.

Pastposter · 02/08/2022 01:14

My ex also has own company, huge house, multiple holidays with GF and her kids. CMS 'awards' me £26.43 per week. For 3 DCs. I've gone without food, sent them to my parents for warmth when I couldn't afford gas, given them yesterday's leftovers whilst their 'father' and his other family enjoy homemade pizza's on their huge, marble, outdoor pizza maker.
When they're older I hope they realise but, for now I shield them and hope they appreciate what I can give them.

coodawoodashooda · 02/08/2022 06:07

Yes. I have similar stories. It's outrageous.

ForfuckssakeEXHstopbeingatwat · 02/08/2022 07:14

I completely agree it's appalling..even more so that CMS can decide to cancel the debt if they deem it to much effort to chase. It should be a branch of HMRC and a sensible minimal level should be set paid by the gov if the nrp dodges and then recovered by HMRC in the same way tax would be.
But any minute now you'll get the "whattabouttery" to derail the thread and talk about unreasonable grabby RPs and nrps who have been treated unfairly. Always.. apparently the existence of these cases negates the overwhelming evidence of non payment on a mass scale and we should look at that instead. 🙄

TheFormidableMrsC · 02/08/2022 08:57

I'm in the same position. 60 quid a month. Not paid this month. So sick of it. I'm going to take him to court as child is disabled.

Itslookinggood · 02/08/2022 09:04

Same here. Abusive EX has over £2 million in assets. Makes £40k pension payments/ year. Took his company limited expressly to avoid paying CM.

I’ve appealed on the grounds of other income streams (he recently sold a flat for £200k) recently but hold out no hope whatsoever. Every time I call the CMS it’s a different person and every time they say it can be up to a year for them to reassess. And every time they sound useless.

ffs.

ForfuckssakeEXHstopbeingatwat · 02/08/2022 09:05

Hey @TheFormidableMrsC waving at you from the NE 😁 name changed again..but hi. Here we are again..yet another thread about this. Sorry to hear about your ex (again) and renewed twattishness.

Itslookinggood · 02/08/2022 09:16

Can we take them to court? Is that possible?

ElsieMc · 02/08/2022 09:21

I am a grandparent carer. My gs's dad avoided payment for years. I have used every avenue possible and yes, he went self employed claiming to earn £12,500 the very amount whereby you get a nil contribution. I drive past his place of employment where he sub contracts where the huge sign advertises salaries in excess of £50,000 but no, he earns £12,500.

CMS obtained a liability order, tried to take out a charge over his house so he actually transferred it into his parents names. CMS did not even check ownership first, I had to do that.

It moves very slowly to arrears team, then eventually enforcement who view themselves as a bespoke, elite service. Lol, they really do.

I had to write to Head of CMS, and believe me they change regularly, to insist it was moved to Fraud. Eventually it was. But unbelievably whilst it was with the Fraud team he got another nil contribution. I had to keep my nerve and not explode with frustration. He provided books to Fraud showing £12500 pa but my caseworker told him he was not satisfied and asked him to provide wages info going back several years.

It was at this point we discussed what I would settle for ie the least in a lump sum. I then got a phone call from my case worker who told me, to his surprise, my gs's dad had agreed to pay that day and I agreed to close the case.

I dont know what you can take from this op. My position was not as dire as yours, but I was determined to get what I could for my gs. After all, he already had the misfortune of having this as a dad. Just my story op. I wish you well.

coodawoodashooda · 02/08/2022 09:26

ElsieMc · 02/08/2022 09:21

I am a grandparent carer. My gs's dad avoided payment for years. I have used every avenue possible and yes, he went self employed claiming to earn £12,500 the very amount whereby you get a nil contribution. I drive past his place of employment where he sub contracts where the huge sign advertises salaries in excess of £50,000 but no, he earns £12,500.

CMS obtained a liability order, tried to take out a charge over his house so he actually transferred it into his parents names. CMS did not even check ownership first, I had to do that.

It moves very slowly to arrears team, then eventually enforcement who view themselves as a bespoke, elite service. Lol, they really do.

I had to write to Head of CMS, and believe me they change regularly, to insist it was moved to Fraud. Eventually it was. But unbelievably whilst it was with the Fraud team he got another nil contribution. I had to keep my nerve and not explode with frustration. He provided books to Fraud showing £12500 pa but my caseworker told him he was not satisfied and asked him to provide wages info going back several years.

It was at this point we discussed what I would settle for ie the least in a lump sum. I then got a phone call from my case worker who told me, to his surprise, my gs's dad had agreed to pay that day and I agreed to close the case.

I dont know what you can take from this op. My position was not as dire as yours, but I was determined to get what I could for my gs. After all, he already had the misfortune of having this as a dad. Just my story op. I wish you well.

How did you prove it was fraud?

drawacircleroundit · 02/08/2022 09:27

Bet the tabloids won’t pick up on this one. It deserves the full Louis Theroux treatment.
Is there no way these men can be legally shamed? These posts are heartbreaking to read. 😔

wineandsunshine · 02/08/2022 09:30

This makes me SO fucking cross!!!

So many stories on here about women not getting support from the CMS. I am included in that. Owed over £21k and he's self employed. One of my children is now 20 years old so has been taken off the account.

Why can't a solicitor take the CMS to court over such negligent practices?! I understand each case is different but still!

Itslookinggood · 02/08/2022 09:37

The common thread here at least seems to be self employment /Ltd co.

there really should be a system for challenging this.

Lioness100 · 02/08/2022 10:13

Thank you everyone, your messages of support mean a lot. I’ll never understand why an NRP can literally get away with paying a grossly unfair amount towards their upbringing. I started challenging it again as quite frankly I’d given up. Years of dealing with a system that will make you jump through hoops all to be told time and time again there’s nothing they will do. It is a big Ltd Company/Self Employed issue with NRPs playing the system and the system being so full of loopholes and shitty practices they allow them to play the system. I looked at it again mainly because my ex has taken the children on holiday (must be claiming he makes around £8000 a year) I earn more than 3 x that and can’t afford my basic bills.

Just about to phone them. I actually have to psyche myself up as it’s at least an hour on hold, frequently cut off after that hour or transferred and cut off just to really mess with your stress levels. I genuinely feel it’s seriously adversely impacted my health dealing with this for years.

I need to ask why the current arrangement of the pittance he pays is going to stop ☹️.

I can’t get through the month as it is with the cost of living. Why should it only be my responsibility? All children would be in care if we acted like the NRP dodgers so why not tougher child abandonment repercussions for them?

I’ll update. Here goes 😫

OP posts:
OfficiallyBroken · 02/08/2022 10:23

CMS should be balanced against income declared for tax purposes vs lifestyle the NRP maintains e.g. vehicle choices, holidays, properties held/sold and if the contributions don't tally in a fair way then punitive sanctions should be applied like passport being frozen, defaults being placed on credit files

There's millions of different CMS stories with varying levels of blame, but ultimately in the middle are children who need to be clothed, fed and kept warm in winter no matter which parent they are staying with. If CMS can't even achieve that it's not fit for purpose and should be wound up and redesigned from scratch. I agree that making it an arm of HRMC may give it more teeth and a better "bite"

Lioness100 · 02/08/2022 10:34

Officially broken agreed it needs to be scrapped and started again. I haven’t even heard it mentioned in the leadership race. You’re right it’s ultimately the children that suffer, and it is often the RP’s health and current and future financial situation that are seriously negatively impacted from being forced to continually fight to only try and secure a fair input to bringing up children. I’m on hold now with the usual automated “There are lengthy waits” “you’ll be on hold for up to an hour” (been over an hour many times!)

They have a cheek to have an automated message about Sunak’s package of help 🙄, how about you have a system in place that ensures both parents are financially responsible for the upbringing of their children.

I think making it a branch of HMRC is a great idea. I also think there should be a universal nominal payment that is always paid automatically and then the rest is means tested, so that no child is ever in a situation where they receive no input.

OP posts:
FilePhoto · 02/08/2022 10:37

My ex apparently earns less than £7 per week so doesn't have to pay. Yet whenever DC asks to see him he says he's working.
He can afford a brand new car and motorbike though.

12548ehe9fnfobms · 02/08/2022 10:46

Drop all the kids off at his. His work relies on you looking after the kids. If he has to manage the kids too, full time, he will negotiate with you.
Pick them up when you have an agreement in writing. Until then, live your best life, childfree. I'd make the most of it, I expect it wouldn't take too long, maybe a week?

UserError012345 · 02/08/2022 10:51

Surely he then has them 50% of the time?

Lioness100 · 02/08/2022 10:57

I do think about saying on you go then, you take the kids through the entire week and see how you get on but he only has one bedroom for them and they don’t want to do I wouldn’t do that to them.

Just been told it says that because it’s the annual review time and the variation is still ongoing and they can’t give me any more information so will need to transfer me to a Case Worker. I said please don’t cut me off as it’s happened multiple times. Got a bit of a lecture about phone lines being busy, first thing a better time to call (eh I have to work) and I’ll get cut off if it gets to about an hour and 20 minutes, already been on for 40.

I could actually cry. I never thought this system would break me because of the injustice for my children and the want to fight on their behalf. I’m broken. Close to giving up. Sad thing is I actually need the pittance right now and it feels like a complete stab in the heart as I’d really love to say, just keep it.

OP posts:
Lioness100 · 02/08/2022 10:58

No error he has them 6 times a month. I have them the rest of the time.

OP posts:
Lioness100 · 02/08/2022 11:02

50/50 wouldn’t work for us. Children are already in an established pattern and he only has one bedroom. It wouldn’t be fair on them. Surely the whole system should be about putting the child at the centre and doing what’s right for them? Sadly I see the 50/50 used far too many times by NRP’s to avoid paying any maintenance whether it’s in the best interests of the child or not. As many have said, it’s a broken system that needs scrapped and started again- this time putting the child/children firmly at the centre.

OP posts:
ClottedCreamAndStrawberries · 02/08/2022 11:09

Good luck with getting any maintenance @Lioness100 My ex was a wanker with that and used to apparently survive on thin air despite a brand new car and running a pub 🤷‍♀️ Because the CMS could find no source of income I got the grand total of zilch. Ltd companies are the pits too because of the CMS do somehow catch up with him, he’ll just close it down and reopen. Guaranteed. Sorry to be the voice of doom but I’ve been there. I’m owed thousands. I don’t know how these people live with themselves, knowing they’ve just abandoned their kids.