CMS

[Drjason]

ex-wife was advised badly by someone (surely) to get me through CMS as she thinks I earn morethan I do . Long story short, I receive the letter and its 200 quid that will go to the system and not even to my kids due to their fees.

I told the ex I am not happy with this and pay the government free money that I have worked for just being she is being petty.

What can I do as I do not want to pay this at all just being she is petty. I will rather go self employed than bow to this BS

Sounds like she did the right thing!

This’ll go well. Were you paying the CMS figure before she checked? If she doesn’t agree to a private agreement you’ll have to go along with the CMS process and can go to taking it straight off your wages if you don’t. Saying you’ll change to self employed is a dramatic, petty reaction don’t you think?

Lots of goady threads lately...

They usually only set up collect and pay, which is the system that costs you money, if she can prove you haven't paid consistently in the past.

Tell CMS you want to do direct pay. Which shouldn't cost extra.

How did she do the right thing? I did my own calculation and I paid morethan that FYI, their calculation actually brought it lower.

My own issue is that my children are losing out because CMS puts their own 20% which they keep then deduct 4% on what they receive.

My main issue is that the CMS department takes 20% for themselves and then 4% again on what my kids are meant to receive. Thats a quarter , which they would have received in the 1st place if she did not become petty.

I was paying her morethan what they actually said I should pay which I know she hates . CMS will be enjoying 24% which could cover a lot of my children's needs.

Anyway, lets see what happens. Going to self employment is my option for now as I am not sure if she could see the bigger picture

Don't think this will end well for you OP. You only get slapped with charges if you're not paying. With direct pay they just tell you a figure and you pay that directly to your ex, there are no fees involved.

Changing your whole employment status because you don't agree with your ex's choice to go down official channels for maintenance certainly implies your ex was right to get it all official.

10000% AGREE about direct payment, I have no issues with that one bit. I have always paid her without CMS way beyond their needs. Now having gone through CMS she has grown a pattern of reducing my weekends with them and having researched, it seems the less nights I have them, the more she is entitled to.

I messaged her for direct payment and she ignored that

Because you disagree, then get angry and your go to, is to immediately threaten to go self employed so you can fiddle the system to pay less for your kids. I wouldn’t trust you either.

If you already have her bank details then presumably you can just keep directly sending her the amount stipulated by CMS. I'm not seeing the issue here.

i wish i could agree. I paid nearly double of what CMS actually said I should pay(adding monthly payment/clothes/games/subscriptions she benefits from like netflix/spotify/amazon etc which I still pay for). I hope that helps and I also pay half or full cost at times of the outings she does with them (she doesn't pay for the ones I do in my own time because I obviously earn morethan her).

Anyway, I will go the legal route to get this sorted as I forget the domain name of this site, foolish me.

yes but it has this 20% they keep to themselves and it's not pennies. I do not get what they require this amount for at all because texting me and writing to me does not cost that much.

It isn't her choice to do collect and pat if you are paying. Cms want people on direct pay so just pay it and they won't get their 20%

For CMS to be taking fees that means you are on collect and pay. You can't get this without proof the father hasn't been paying maintenance. If you had actually paid her the fee is a one off £20 and that's it.

So you are at fault here. She did the right thing

Does she realise if she uses collect and pay she gets less than the amount wrote down?

She had not realised this at all from what I gathered, she somehow suspected I earned morethan she thought(incorrect). Now that she knows it less, the solution was to now start restricting my nights with them as it will increase how much she gets.

She selected collect and pay and did not realise she can reverse it(no clue why she did not read into this)

Her new lover is her counsel , It all makes sense based on timeline.

Does she know she will get less?
Have you spoken to CMS and sent proof of what you were paying? zand the regularity of payments?
Normally they don't put you on collect and pay unless you have been missing payments.
Anything under 52 nights a year with you entitles her to maximum amount she can get off you.

"fiddle the system to pay less". I paid more without the system being involved. I do not mind paying less as per their calculation, my issue is that they keep 24% of my hard-earned money for nothing. I have no issue with paying the whole figure to her at all, its this middle people keeping what I work hard for and that 24% actually covers their whole week after school club alone(i pay that too).

Its simply just out of pettiness and maybe I am not explaining it well. Anyway good day mumsnet

No, we understand your view. We just disagree with you.

I have them 120 nights and now for a month she has made excuses on my weekends to keep them due to her own mental health(she said having them around is helping her cope). Now looking into it, its likely just a way to now tell CMS i do not have them that much

I’d let her know that she will get less than the amount they say because of the fees. Ask her to change it to direct pay and she’ll get the full amount, if she ignores that then unfortunately you’re not left with no choice but to pay it. I would also try get set days either through court or mediation it’s unfair of her to use the DC this way

The fees are only incurred if you don’t pay. Just make sure you pay the CMS amount (or over) and they won’t take the 24% from the money - this is a non issue.

CMS don’t put people Willy nilly on collect and pay. There is always a reason non payment or arrears, violent abusive ex for example.

As a word of advice just pay it, they can and WILL come after you. And if you keep failing to pay they do send out bailiffs they will come after your bank account. You know the first thing a bailiff goes for is a vehicle easy to take and sell.

thank you Barbara for your input, I was not looking for anyone to agree with me, if you actually bothered to read fully, that was not the question initially but never you mind.

I have no issue paying for my kids, I have an issue for a government department taking money from my kids because of a sullen parent.

Good day Barbara