Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to worry CMS deductions could push my son into crisis?

337 replies

Wokeuptired · Yesterday 10:56

My son split from his ex almost 2 years ago, they have 2 children together and 1 child that my son brought up as his own, their was lots of drama in the relationship and his ex was very demanding, my son paid her maintenence every month and paid for other things for her like the sky bill and some h/p goods, at the end of last year my son took a very serious attempt at taking his own life and he got sectioned, he obviously couldn't work but his ex was still demanding money from him, In March he got his old job back but he had to save for a deposit and furniture as well as pay for prescriptions food fuel to get to work, he was around £200 short each month and we helped him out with that, during this time his ex refused to let him see the children and he has not seen them since January, he had an upcoming court case to get to see them, as the eldest isn't his biologically he had to get a lawyer to help him as he wants her included.
Now the CMS are involved and they have taken £1700 out of his wages this is £700 for the month and £1000 in back pay as they calculated this from December last year, this leaves my son with around £500 after tax, he can't live on £500 as he can't even cover his rent with that, he has just got himself sorted financially but still owes money.
He doesn't know what he can do as he has phoned CMS and they said it has to be that amount and he explained the situation.
He has been to his boss to see what can be done and if he leaves this job he will break his contract with them and they won't employ him again, he can't go part time and then do work on the side to make the money up.
He just can't afford to work, it's ridiculous as he doesn't want to go on benefits as he also pointed out that it won't help his mental health.
What can he do?
I'm just so worried that he is going to try and end his life again as this seems like a no win situation.

OP posts:
cestlavielife · Yesterday 13:11

He owes 9000 in vack pay cms? How did it get so much?

LowlandLucky · Yesterday 13:12

BreezyClouds · Yesterday 11:13

I thought a backlog was cleared at a reasonable rate, although of course there should never have been a backlog. When and why did he stop paying? If when he was sick and not earning surely his contribution was supposed to be 0 at that point?

The backlog is the issue, how big and how long til it's cleared.

Note - what mum earns is irrelevant.

I would imagine he stopped paying after he attempted suicide and was sectioned. Is that a good enough reason for the backlog?

ThisUmberSwan · Yesterday 13:13

Wokeuptired · Yesterday 13:08

His take home this month is £1700 after his rent he has £800 left and we will help out with his bills so he isn't that short, his main worry was that he couldn't afford to work as he needs to work.
He read his payslip wrong as the thought he was only going to be paid £500.

So he didn’t look at the bottom right and see net pay: £xxxx and think oh that’s what’s coming in or better yet he could have sent it to you the functioning adult and you could have told him this before all of this hassle. It sounds to me as though he doesn’t want to work because what kind of human would sit there and think oh the first thing I need to do to get out of paying is quit my job and rely on benefits this is waaaay to much this. Something fishy

Credittocress · Yesterday 13:16

Wokeuptired · Yesterday 13:00

Before December he was paying her directly £600 a month and on his statements he put as a reference "child maintenance " he couldn't pay January, February or March as he didn't get paid until April after he worked for some of March and April, he went to pay in the April and she told him not to bother as she had gone through the cms. He got his first letter from cms in August saying what he needs to pay with no mention of how much they were going to take in backpay. During the time between February and August he had to buy a car to get to work pay a deposit on his rented home so he can show the court that he is able to have the children, all he wants to do is be with his kids and make sure they are OK and i have seen the paperwork as due to his dyslexia he misreads things, it all became clear after I started this thread and he sent me a copy of his payslip as I can now see where he was mistaken.

Kids don’t just stop needing food or shoes because you need to buy a car. He should have carried on the payments at the start of the year.

CMS calculate what is owed from when the other parent submits the claim. It sounds like they had their own arrangement in place, he stopped paying so she has gone to CMS.

Did he really think you can just stop paying and you get a free pass for those months

AmberPeaches · Yesterday 13:16

Merrybandofpirates · Yesterday 13:10

@Wokeuptired
We all posted that your figures were totally wrong and you said that you had seen the paperwork and continued saying it was right. Now you’re saying exactly what we all said it would be (even the amounts are what we said they would be). So… you didn’t actually see the paperwork before then, did you? But you argued with the advice you were being given? Waste of everyone’s time.

This. You were arguing the toss that the figures absolutely were right when people were telling you they couldn’t be.

what a disingenuous thread.

Millytante · Yesterday 13:17

LoudBrickTiger · Yesterday 13:01

As people have mentioned, your DS and you need to take a breath (may be easier said than done):

  1. Gather all the documents and try to get a coherent story what happened since the split
  2. Go to Citizen Advice or something similar and ask for help to calculate the proper amount and what help is available

No need to panic, this country has so many safeguards in place that they can put you in jail or kill you for debts etc.

  1. Once you have the final calculation, contact CMS and if they can't back up their claims, use your MP to get them to do their job.

Yes this sounds like a right old minestrone of bits, pieces, and misunderstandings.
The plain ££ facts will surely indicate a clear path for him now (and necessarily leaving aside the eldest child, who’s not his own, as there is no room for his sentimental attachment at this juncture, and a very clear picture of responsibilities is essential)

[You haven’t spelled it out, naturally, but the circs which brought on his psychological crisis were not necessarily to do with child support payments, or his treatment by his ex, etc.
Yet a leap to linking all these matters is invited, as it stands, and I’d counsel against leaving any such impression with whatever advisers you all meet with. ]

HairsprayBabe · Yesterday 13:17

@ThisUmberSwan You are talking about a mentally ill man with dyslexia (that makes reading hard in case you didn't know)

Fun fact dyslexia is often worse when someone is under stress, such as a suicidal person might be.

Money is stressful. At no point did OP say her son wanted to get out of paying what he owed.

Foolish1984 · Yesterday 13:17

seasoned user of the CMS here - For them to have taken such a large amount of money in one go, he will have to have been dodging payments for YEARS. It takes years upon years to get the CMS to take that kind of action, if they ever do! I’m 11 years in and they STILL won’t take this kind of action against my ex.

Either that or he is lying through his teeth about the amounts

Garfieldloveslasagnepie · Yesterday 13:18

MySharpFawn · Yesterday 11:50

My brother has 4 children to pay for and earns 100k ish a year. He pays £1400 for four of them a month on a higher salary, so there are no way your figures are right- or they have not done them correctly.

That’s embarrassing. Imagine putting that online.
Your brother should be ashamed of himself.

ThreadGuardDog · Yesterday 13:18

ThisUmberSwan · Yesterday 13:10

At the end of the day he needs to pay for his children regardless of what their mother is earning it is his shared responsibility.

secondly I don’t personally understand the figures as my partner pays £100 a week for 3 children and then £50 for our daughter although we are still together and he pays for other bits and bobs for them all like clothing, shoes, school trips, the fun stuff but also has them overnight he just gives the weekly to support in which ever way he can. And he earns around £800-900 per week after tax I think I’m not sure I’ve never bene nosey enough to ask or want to know because we are all looked after by him and I work. So I would go back through CMS calculator and see.

A basic calculation would be around £167 per week after allowable deductions. Obviously that depends on circumstances - whether there is shared care etc. The fact that you have a shared child living at home with you is relevant - his weekly income would be reduced by 11% before the calculation is made to account for that.

Theunamedcat · Yesterday 13:19

CMS dont do balloon payments you can offer to pay more than minimum or make a one off payment but they wont take payment that big my ex owed thousands at one point it took them months to get an attachment of earnings then they took their minimum plus fees plus a small amount towards the arrears

DavyCrockettsWildFrontEar · Yesterday 13:19

Cancel the cheque!🙄

(In other words, people, read all of OP's posts.)

themoirarosee · Yesterday 13:21

The calculation doesn’t seem to be making sense, my ex earns around that net. And when he had zero contact it was only around £300isj for two kids. Where have they got £700 from?

McSpoot · Yesterday 13:22

themoirarosee · Yesterday 13:21

The calculation doesn’t seem to be making sense, my ex earns around that net. And when he had zero contact it was only around £300isj for two kids. Where have they got £700 from?

It doesn't make sense because, despite the OP saying it was definitely what CMS was taking and that she had seen all the paperwork, it is not what CMS is taking.

aliceyyyy2654 · Yesterday 13:22

I have no sympathy, he decided to have children knowing full well that includes financial responsibility. He needs to pay for his kids.

ThreadGuardDog · Yesterday 13:22

Foolish1984 · Yesterday 13:17

seasoned user of the CMS here - For them to have taken such a large amount of money in one go, he will have to have been dodging payments for YEARS. It takes years upon years to get the CMS to take that kind of action, if they ever do! I’m 11 years in and they STILL won’t take this kind of action against my ex.

Either that or he is lying through his teeth about the amounts

Or alternatively, as OP has updated, he has dyslexia and hasn’t read the figures properly. Which you would know if you’d seen the update before posting.

Merrybandofpirates · Yesterday 13:24

ThreadGuardDog · Yesterday 13:22

Or alternatively, as OP has updated, he has dyslexia and hasn’t read the figures properly. Which you would know if you’d seen the update before posting.

Edited

What? It was not accurate, we all knew that right away. And OP has actually checked the thing now and has confirmed that her figures were nonsense.

ThreadGuardDog · Yesterday 13:24

aliceyyyy2654 · Yesterday 13:22

I have no sympathy, he decided to have children knowing full well that includes financial responsibility. He needs to pay for his kids.

No sympathy for what ? What do you think OP is asking here ? Who is saying he won’t pay for his kids ? Certainly not the OP.

themoirarosee · Yesterday 13:25

McSpoot · Yesterday 13:22

It doesn't make sense because, despite the OP saying it was definitely what CMS was taking and that she had seen all the paperwork, it is not what CMS is taking.

I’ve just seen, seems all a bit fishy. So he’s paying £300 in arrears and £158 in maintenance? He’s getting a good deal.

ThreadGuardDog · Yesterday 13:25

Merrybandofpirates · Yesterday 13:24

What? It was not accurate, we all knew that right away. And OP has actually checked the thing now and has confirmed that her figures were nonsense.

I was replying to another poster and if you read the comment, my reply makes perfect sense.

aliceyyyy2654 · Yesterday 13:25

ThreadGuardDog · Yesterday 13:24

No sympathy for what ? What do you think OP is asking here ? Who is saying he won’t pay for his kids ? Certainly not the OP.

Edited

Sympathy for him struggling mentally about it. Surely that is clear?

HairsprayBabe · Yesterday 13:26

@aliceyyyy2654 The man was mentally ill, and sectioned. This was not a choice.

Would you have said the same if he had cancer and unable to earn.

He didn't not pay for the fun of it. He was seriously ill.

It makes no sense to not accommodate his mental health, if he is pushed to suicide and did end up dead the children would lose a father as well as any additional financial security he provided.

I have no issue in saying NRP should pay for their children, but to disregard their mental health is callous and short sighted.

Credittocress · Yesterday 13:26

ThreadGuardDog · Yesterday 13:24

No sympathy for what ? What do you think OP is asking here ? Who is saying he won’t pay for his kids ? Certainly not the OP.

Edited

the OP says he stopped paying for his kids for three months.

aliceyyyy2654 · Yesterday 13:27

HairsprayBabe · Yesterday 13:26

@aliceyyyy2654 The man was mentally ill, and sectioned. This was not a choice.

Would you have said the same if he had cancer and unable to earn.

He didn't not pay for the fun of it. He was seriously ill.

It makes no sense to not accommodate his mental health, if he is pushed to suicide and did end up dead the children would lose a father as well as any additional financial security he provided.

I have no issue in saying NRP should pay for their children, but to disregard their mental health is callous and short sighted.

hes able to pay now, has a job and is moaning about the CMS recovering funds he OWES to the mother of the children he chose to have. Again, no sympathy. She asked for feedback and I’ve given it.

McSpoot · Yesterday 13:27

ThreadGuardDog · Yesterday 13:25

I was replying to another poster and if you read the comment, my reply makes perfect sense.

Only after you edited it. Your first post (which was what the PP responded to) claimed that the OP's first post gave an accurate CMS calculation. Which, no, didn't make sense (and turned out to be completely wrong - a fact you tried to hide by editing).