To think the Child Maintenance Service isn’t fit for purpose?

[PlasticCactus]

My XH went self employed several years ago and has now racked up £££££ in unpaid child maintenance. CMS managed to seize £800 from an account of his which was promptly closed by XH and all subsequent attempts have failed. They have taken no other action, which could include suspending his driving licence which he needs for work.

I’m currently in receipt of the proceeds from the sale of the marital home, including XH’s share. I spoke to a prickly CMS agent who insisted that there was nothing they could do to recover this money and would not allow me to speak to someone in the enforcement team to confirm this.

It infuriates me that the only legal body that can enforce this debt are not interested and yet again the message is that it doesn’t matter if men don’t financially support their children. State sanctioned financial abuse. It is plainly an injustice that he should benefit from this money when he owes it to his children.

My ex doesn't have to pay any maintenance he is exempt apparently 😂 I'm closing my claim. people keep telling me not to, god knows why I would keep it open when there are NO payments due and have him laughing at me.

Don't close your claim. Dont cut off any chance on the future

Agreed op

I don't need his money it's been 6 years without a payment I won't hold my breath and we get by without it he will never hold it over me as don't need it.

It's an awful system, isn't it? When I opened a case for child maintenance, he originally was paying the bare minimum. I'm talking pounds! Then he managed to find a good paying job with a few self-employed jobs on the side... never hid it, either. It didn't go up much after that.

If he wins the lottery or inherits money then you'll be frozen out with no chance of getting anything for your kid.

Yep. They did come through for me, to be fair, after about 5 years and I got about 2 years worth of money when they got an order of sale and then possession order on his house. But nothing since - it’s been 15 years and I never bothered opening a case with the switch from CSA to CMS. He is self employed and puts everything in current girlfriend’s name, pleads poverty. He lives a great life. I am hopeful one day that someone at HMRC will see him as a bit of a project and go after him. He would do jail time, I think, for the level,of tax evasion.

CMS is not fit for purpose it just protects non payers. My ex earns £40k pleads poverty so even with deduction of earnings in place they keep recalcing and pushing back payment date and all that happens is the arrears amount just rises (thousands).

I logged my case with MP and did start to get payments but he then changed jobs! Parliament needs to re look at things especially how some resident parents are turning to food banks to feed their child yet the other parent not paying a penny despite earning. We all need to keep at it with local MP until things change for the better.

No inheritance both parents are dead. And winning the lottery more chance of pigs flying

Up to you. I wouldn't let him off the hook.

I give it two pages before we get "whattaboutery" from someone who has a "crazy ex wife" on benefits who's grasping attitude is causing them hardship and refuses contact to get more money. Never mind that there are millions in unpaid support that the CMS can choose to write off and that courts will look at 50/50 much more readily now.

OP I completely agree that not only is it not working in its current state but that it's fundamental principles are not right even if an NRP is paying the set amount. It's too low a % - show me any RP who only spends 20% of their income on their kids, has nothing to say about childcare costs or adjustments for additional costs as children get older, or specific guidance for anything beyond "essentials". So an NRP can pay their CMS amount and refuse to add anything for hobbies, trips, phone contracts, socialising ..all pretty necessary and normal for a teen but not "essential".

Don’t close your claim. My ex eventually messed up and claimed furlough, then I got rewarded years of back pay and we finally got him. It didn’t make up for the years of hardship but I gave it to my dd for her university fees.

They are useless. I struggled for years while exDH was changing jobs every year or so and avoiding paperwork. I got so overwhelmed with it and being fobbed off every time I rang that new DH took over, demanded to speak to a supervisor on every call and actually got things done. It really shouldn't take escalating the calls but they really do or did tend to fob you off if they can. This was the old CMS around 10 years ago. You learn not to rely on the money.

Cant you just take what he owes you from his share of the house? In my experience possession is 9/10th of the law. I would not be handing any of it over without a fight anyway.

Apparently in Scandinavian countries if the NRP doesn't pay the state pays you and takes it out of their pension! Imagine!