CMS - will I lose money? How long does it take?

[clpsmum]

My STBXH pays significantly less than the legal requirement for my DC. If I were to go to the CMS how long does it take and can he stop paying the little he pays in between times? I cannot afford to be without what he pays but the CMS calculation would help out so much more. I just don't know what to do can anyone offer advice?

I applied late last year for very similar reasons and it took only a few weeks. It might make a difference if your STBXH is self-employed; mine is employed.

I didn't have to provide any figures; they get it all from HMRC records.
They set up a Standing Order with him and he's paying me direct.
You can ask that they collect on your behalf but they will charge you 4% and him 20% so it's better if you can have direct payment.

I hope that's helpful. Good luck :) It's not fun when they try to wriggle out of their responsibilities. It's their child FGS!

He's a piece of work and will wriggle out of what he can. He has just taken me to court for access and then completely ignored the court order! Man is a joke but I'm sick of living in poverty while he earns megabucks

I'm glad that it worked out well for you. Fingers crossed it does for me I just think he will be as awkward as he can be and ignore letters and I'm scared I'm cutting my nose off to spite my face. Xx

It depends on his attitude honestly. My exh didn't pay for years, jumped from job to job and is now in the forces so has a deduction of earnings order but it took a long time to get to that point even after he joined

@clpsmum

He's a piece of work and will wriggle out of what he can. He has just taken me to court for access and then completely ignored the court order! Man is a joke but I'm sick of living in poverty while he earns megabucks

I'm glad that it worked out well for you. Fingers crossed it does for me I just think he will be as awkward as he can be and ignore letters and I'm scared I'm cutting my nose off to spite my face. Xx

I don't think he can just ignore letters and it will go away!

CMS will tell him what he has to pay. They will work this out from his tax return/tax records.

If he doesn't set up to pay you direct you can then just go to CMS and apply for them to collect it for you. He'll be worse off as they will charge him 20% for the privilege.

The only downside I found is that it's paid in arrears once it's through CMS so there was a 4 week gap for me, but at least mine is now paying the correct amount, not what he decided arbitrarily was what he should give.

Good luck.

PS when I phoned to get this all set up, I found the person I spoke to was incredibly helpful. I know CMS gets bashed, but I really have no complaints at all and the service has been good for me.

@comfortablyfrumpy oh that's really helpful thank you so much. I'll maybe give them a ring tomorrow and see what they say xxx

Also he is being a complete arse about selling the house and getting divorced. He has refused several times to disclose financial information so I'm now having to get a court order. Does anybody know if the house equity is always split 50:50 even if circumstances are massively different? Thank you everyone for your kindness and advice so far x

Mine and my now exh's financial circumstances were very different, and I got more than 50% of the equity.

@clpsmum

Also he is being a complete arse about selling the house and getting divorced. He has refused several times to disclose financial information so I'm now having to get a court order. Does anybody know if the house equity is always split 50:50 even if circumstances are massively different? Thank you everyone for your kindness and advice so far x

Ours was not a 50:50 split. Depends on so many variables. Best get solicitor advice on what you might expect.

He will have to disclose financials if you have gone for a financial application.

Good luck :)