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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To apply for direct pay even though my ex has paid? Cms

12 replies

Phenominaltrifler · 03/05/2023 14:47

So after a long 2 years of emotional abuse from my ex I’ve finally gotten cms which works out at just under £200 a month. I was supposed to receive my first payment on the first and on the 3rd I got a weeks worth but a couple of pounds off. I messaged him to say that it needs to be monthly otherwise there’s no way to calculate whether it’s late because it needs to be 5 days after to report it. He told me he would only pay weekly as he could not afford to pay monthly (he gets paid monthly so I don’t see why not) whenever I have requested money. He’s never paid for our children but when I’ve requested £20 here or there he’s dragged his feet until he’s had to. I’m thinking of just reporting it late as it needs to be at least 90% within 5 days of being due to class as not missed and then apply for direct pay. He’ll probably end up being nastier but does anyone know how long it takes or if I can apply for direct pay immediately

OP posts:
Skybluepinky · 03/05/2023 15:03

He is playing the game, he will push it to the limits, don’t take his bait, best to think u won’t get the money if u do then it’s a bonus, or u will end up stressed.

Collaborate · 03/05/2023 15:04

It’s not up to you. He has to be more in arrears than a few quid. CMS will rightly refuse any request you make as it adds 20% to his bill.

GertrudePerkinsPaperyThing · 03/05/2023 15:05

I agree he’s obviously trying to play whatever game he can to mess with you.

I’d go ahead and report it as late

Temporaryname158 · 03/05/2023 15:08

Yep report it as late, don’t deal with him. Call them and report it and leave him to do the explaining to the CMS

Phenominaltrifler · 03/05/2023 15:09

@Skybluepinky yeah I think he is but I don’t understand why he can’t pay outright as he literally gets paid monthly. Surely it makes more sense to pay monthly

OP posts:
Phenominaltrifler · 03/05/2023 15:15

@Collaborate can I not apply for direct pay as it was an option to apply for when I first signed up?

OP posts:
Collaborate · 03/05/2023 16:19

You have become confused with the terminology. Direct pay is what you have now, by default. Collect and pay is where payments go to the CMS. He pays 20% more and you receive 96% of the assessment. It’s only the collect and pay that you have to apply for, and the arrears have to be beyond a certain tolerance before they will agree.

Phenominaltrifler · 03/05/2023 16:22

@Collaborate oh that makes sense. If I report it late but he pays weekly then will that make me right or wrong to do so? The only reason that I want to get it changed over is his entire thing about me is that I’m ‘controlling’ but if I need him to do anything he will prolong it until an inch of his life using that narrative or tell me he doesn’t have the money but if he pays it weekly then it won’t be not paid if that makes sense?? For reference I’m still owed £30 that he agreed he’d send me to get a couple of pieces of clothings but for the last 3 months he’s aggressively told me that he’ll pay next month and he doesn’t have the money and there’s nothing I can do about it

OP posts:
AxolotlOnions · 03/05/2023 16:58

Report that what he has paid and when and a rough outline about what he said. they will make a note of it and if it continues to happen they will warn him, if that doesn't work they'll take over the collections. It is best to do it directly as they will revert back to it after a year anyway.

Cherry8809 · 03/05/2023 17:41

Does it actually matter whether he pays weekly or monthly, as long as you get it…?

Phenominaltrifler · 03/05/2023 18:01

@Cherry8809 the reason I went through cms is because he never pays me on time or not at all. By doing it weekly he’ll pay as and when he wants and isn’t how the tracking on cms works. I went through cms so I wouldn’t have to communicate with him as opposed to having to nag him every week

OP posts:
taxpayer1 · 04/05/2023 17:28

What does the payment plan say? He can pay daily if he wants as long as the full amount (or 90% in this case) of the amount stated in the payment plan is in your account by the day the payment plan says plus 5 days. If the payment plan says 5 of May, for example, and the payment plan is monthly, the full amount or 90% must be in your account by the 10th.

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