ExH reducing maintenance due to DLA, CB and CA?

[OngoingMaintenance]

Is this allowed?

DD is almost 10 and gets DLA and I receive the child benefit and carers allowance for her.

ExH reduces his maintenance by £20 a month to take into account these payments. He says he’s getting his share of those payments that should be shared fairly with us as DD is both of ours.

I mean it’s £20 but he’s supposed to pay £75 a month and pays £55 which makes a difference.

Child Maintenance Service don’t care and tell me I should be grateful for getting anything off him.

He has DD EOWend for 1 night only.

No of course not the DLA is non means tested to help with your daughters disabilities nothing to do with maintenance.

Have you gone through CMS? Why can’t he have her more often than one measly night?

@millymoo1202 Yes been to CMS who say he should pay me £75 a month but can't force him to pay more than the £55 he pays.

If he is now paying less than the cost say he should take it further with them, if he's still paying the minimum or above unfortunately there's nothing you can do.
Either way he's a morally bankrupt twat

Is he self employed?

Of course they can force him, it’s taken out of his wages before he even gets it. Sounds like another dead beat Dad is he?

No, that's not how it works.

CMS is based on his income and nothing more. Not how much you get. You could be a millionaire and it wouldn't matter.

@Hoardasurass I've tried to get them to go to collect and pay but they've said I'll lose out on the £20 anyway if I do that so I'll be no better off so I'm better off just accepting £20 less a month and not causing myself the hassle.

so if he did get a proportion of the DLA and CA, what would it come to?

DLA is essentially your daughters money, for you to provide the extra things she needs due to her disability.
CA is your pittance of a wage for being her carer above and beyond expected parenting.
Child benefit is always paid to the resident parent, and and he has her so little, his "share' is pocket change.
Hes a knob.

Depends how much the percentage he'd get is.

I would contact cms again you’ve been misadvised and it’s incredibly unprofessional what they’ve said to you

What terrible advice!! FFS.

Yes you will lose out some but it won’t be as much as 20£ and he will lose out more! they take off 4% of beneficiary and 20% off the payer.
I would get them to collect and pay. Will help focus his mind. You may find he decides to change tune.

You will lose 3£ so should get 72£. He will end up paying £90.

@60andsomething it doesn't work like that the dla is the daughters benefit not the parents and the carers allowance is only for those who do 35 hours or more of care per week (above and beyond what a average child would normally need) so he's not entitled to a penny of the mums carers allowance, however if he also cares for her for over 35 hours per week he can apply himself (though he'd need to see her a lot more than he does now).
So he's not entitled to a percentage of the benefits

If you go through the CMS you should be logging the underpayments & they should be taking action. Call them back because it's procedurally incorrect to be told that there's nothing they can do. If he continues to underpay they'll put a deduction of earnings order in place & take maintenance payments, plus the arrears he'll build up by underpaying, directly from his wages. I've been dealing with that shower for 8 years now & unfortunately you sometimes get someone who is undertrained or pushing a personal agenda (male rights activists) answering your call. Always start calls by asking the call handlers name & if what they're saying sounds off, hang up & call back to speak to someone different. Then report the worker who gave you the incorrect information as requiring training.

And stop telling your ex about your income, it's none of his business how much you get & where it comes from.

ExHs knows income as we're only recently divorced and the solicitors asked for full bank statements. I never told him.

He is being a nasty, cheap, financially controlling cunt. DLA is not means tested and neither is child maintenance. Neither of these payments affects what benefits you get, including child benefit.

Shame on the father of your child for behaving this way and on CMS for not enforcing the totally pathetic amount of child support he’s meant to pay in full.

Also just realised he’s taking a cut of your carers allowance. How fucking dare he?! I can’t believe he’s being allowed to financially abuse you and your child like this.

He’s disgusting! Dla is the child’s money for things associated with their disability, and I doubt he needs a share of that for 1 night in 14! Carers allowance you have to be properly caring for the child over 35 hours a week and he doesn’t do that. You also have to be earning next to nothing.
And cms are out of order. They tried telling my friend she was lucky got anything also and didn’t need anymore when her ex was paying less than he should. Ring them back and insist.

If these numbers are correct then definitely get it taken from his pay. What a revolting man.

@OngoingMaintenance did you tell him you had started receiving those benefits or were you getting them before you split???

There's no way cms said to not bother and be grateful you get anything

Go through CMS. Your daughter deserves it, it most certainly is worth the hassle. What will she miss out on without that £20? A class trip? A friend's birthday party? New school shoes?

Don't be passive in this.

Ask them for that in writing. Or a transcript of the call where they say it. Then make a formal complaint and escalate it to your MP.