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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

CMS Financial Investigation Unit

54 replies

Pixieb34 · 25/05/2023 22:39

Hello,
Wondering if anyone here has had any experience of the Financial Investigation Unit part of the Child Maintenance Service?
I have finally got them to look at my exs income after years of financial abuse from him. They’ve said he is now coming in to see them for an interview. Is this is positive sign? I don’t hold out much hope as they seem completely ineffectual and he always gets away with not paying somehow, despite having earnings of over £150k.
I would be grateful for any insights!!
Thanks, Pixie

OP posts:
Sobaditsfunny · 05/02/2024 07:33

It's baffling that they go to such lengths to avoid supporting their children because although they tell themselves they're punishing us/protecting themselves it's only ever going to be the kids that lose out.

@Feebs381 sounds like he's very full of himself. Good on you for pursuing it and I hope he is eventually held to account.

Pixieb34 · 09/03/2024 18:43

Just wanted to update incase anyone is still going through it.
Ive been like a dog with a bone and haven’t let it drop. I’ve repeatedly emailed my MP and cited the obvious financial abuse taking place. The arrears have been reinstated (after many complications as the CMS system didn’t allow it?!?) and a new payment plan is in place.
Ex still refusing to pay, the complaints manager is well aware of his game and even phoned me on a Saturday teatime to ask me if he’d paid!! They’ve promised another FIU investigation as he’s still declaring the incorrect income.
Don’t give up and don’t let them get away with cheating your children and the system!! I won’t be doing!!

OP posts:
Bex2988 · 09/03/2024 19:24

Sounds promising for you Well done. My case after getting mp also involved has progressed not as well as yours. But it’s now at collect pay finally. And for some reason they have wrote of over half my arreas with it. I’m literally banging head against brick wall. It’s back to fraud investigation as his partner has put in another CMS claim in over there child even tho they are together. It’s reduced my payments again. There child was already declared before payment reduced again!
also his now declared half a income of last year although been able to buy a property outright in April June with no savings or income. Funny that.

I’ve now sent it back to mp. I’m done with it all I’m honestly at the end of this fight. System still needs to change. No women should be fighting for help. ESP when I work full time and cover my own child care fees and his refused to pay for last 4 months and even with his help won’t cover child care fees and his on over £100k a 4x over my pay

baileybrosbuildingandloan · 09/03/2024 19:39

I once saw the CSA catch a man who was taking his salary/ dividends as loans (never to be repaid). The CSA got him, as did HMRC.
These depts are not stupid.

Pixieb34 · 09/03/2024 20:20

@Bex2988 I would fight to have those arrears reinstated. It feels like bashing your head against a brick wall but if you get it through to the right person it does make a difference.
I’ve been at the point of giving up so many times but I just can’t, it infuriates me so much!
The CMS are more and more aware of how flawed the system is and it’s frustrating for them too I think.
Unbelievable his partner is claiming for a child that lives with them! There’s no depths they won’t stoop to 😠shocking.
Good luck with it all. Keep us posted xx

OP posts:
Poppy127 · 16/03/2024 08:21

@Pixieb34 could you send me a pm pls I'm not sure how it works to send the messages 😅 xx

Feebs381 · 16/03/2024 12:42

after years of fighting i have now got the go ahead for a tribunal court hearing against my ex and the CMS.

Sweetheart7 · 06/05/2024 17:18

@Feebs381 how did it go?

ChildrensRightsMaintenance · 25/05/2024 09:15

Please follow this advice - the SRA are currently conducting an investigation in relation to my-ex’s business partner and solicitor. After a few weeks they have already uncovered inaccuracies.

ChildrensRightsMaintenance · 25/05/2024 09:22

if you are in a position where your ex is being untruthful my advice is this

  1. do not give up
  2. start a document and take screenshots of the following
  3. social media posts
  4. photographs of properties owned and any works undertaken
  5. evidence of any extra payments made towards school trips etc
  6. if your ex takes the children on holiday screenshot this and add to your evidence bundle
  7. ask a friend to visit their company and take photographs
  8. get quotes from their business (under a different name)
  9. I wrote to my local MP and he asked the CEO of CMS to investigate their failings and thr calculations
  10. Go on land registry and pay small fee for the title deeds
  11. speak to people that he knows to find new leads
Bex2988 · 07/06/2024 11:58

Hi all any updates in your cases.

csa have dropped the dna claim for 2nd time and have agreed this is a delay tactic. I’ve been informed that they are waiting on fiu to do enforcement due to a high possibility he owes me more money. So they are just in limbo stage. Spoke to fraud and she’s informed me she is still investigating and going of new leads and can’t tell me anything but she did say it’s just gaining evidence to what they know his doing so she’s agreed with the fact his fraudulently put claims in it’s just literally a waiting game.

the 2nd Investigation. This one is more in depth.

does anyone know what the time scale they have to be done by. As I just keep being told it’s a long progress. I honestly just want an end to all this and to move on but it’s taking over my life.

once enforcement has been put in place I just feel like I will feel I’m a better position.

since collect pay has been enforced. I’ve received nothing.

xx

Sweetheart7 · 08/08/2024 19:43

Joining also! I've finally got written confirmation of CMS referring my case to the FIU. It's literally been a struggle just to get someone to agree to do it, numerous people said they would refer my case and didn't. My ex is self employed and has now paid £0 the last 5 months. It's ridiculous.

Pixieb34 · 09/08/2024 14:56

My case remains ongoing…it’s been years, literally!
There’s on going criminal investigation by the FIU underway into his claim that he earns £15,000 (the second one done in 2 years, the 1st amounted to £14,500 in arrears which he hasn’t paid) but no updates yet and it’s been since March.
The arrears on my case haven’t been paid at all and the CMS keep rejecting moving to Collect & Pay because he pays (a very minimal) amount of maintenance on the open case.
Recently wrote to my MP again as I’m making yet another complaint.
I don’t care if my son is 40, I still won’t drop it. Disgusting it’s allowed to happen at all.

OP posts:
Sweetheart7 · 09/08/2024 15:01

Feebs381 · 16/03/2024 12:42

after years of fighting i have now got the go ahead for a tribunal court hearing against my ex and the CMS.

Please come back and update us if you don't mind. I had a tribunal hearing recently and the judge who dealt with my case was rubbish. Didn't request bank statements from ex or anything.

Following with interest OP.

clopper · 09/08/2024 15:12

This is shocking to read. I have no experience of this but am infuriated on all your behalfs. What a ridiculous system. Why are we letting these men off? Government needs to change the system quickly and give these organisations some real teeth. So sorry for all you strong women being financially abused by these pitiful men. Good luck to all of you in getting what your children are entitled to.

Maggs73 · 10/08/2024 00:04

I've had experience with FIU. It took about 12 months to complete but they done a thorough job. They now have evidence he has a variation in his income to a total of 163k! He has not paid tax etc. I am now just waiting for a hearing date having took it through the mandatory reconsideration process. It's been near 3 months bit I've read a tribunal date can take several months. It's a long process but I'm hoping it's worth it! 🙏

Sweetheart7 · 19/09/2024 10:36

Maggs73 · 10/08/2024 00:04

I've had experience with FIU. It took about 12 months to complete but they done a thorough job. They now have evidence he has a variation in his income to a total of 163k! He has not paid tax etc. I am now just waiting for a hearing date having took it through the mandatory reconsideration process. It's been near 3 months bit I've read a tribunal date can take several months. It's a long process but I'm hoping it's worth it! 🙏

Did you hear back about payments starting?

trustnobodyy · 25/09/2024 09:43

I've just stumbled across this thread and am following with interest. My ex paid zero maintenance for years and years and has been on numerous exotic holidays including: Thailand and America, skiing and Ibiza etc. I finally went to CMS early this year and his calculation was based on his tax return (Self Assessment) of under £10k a year earnings! (self employed tradesman) So he's been paying £23 per week. I did all the variation requests etc and recently found out he's now under the FIU. Reading these replies I'm not holding out much hope as even if they uncover all his true earnings etc he will probably just not pay it and evade justice.

My question is this: Does anyone know if FIU pass information back to HMRC? Do these loser men also get done for tax fraud? Also - it is a CRIMINAL OFFENCE to lie to CMS. Do they ever pursue criminal charges? How they sleep at night is beyond me, ripping their own kids off.

Motherofb · 05/10/2024 18:42

Hey eveyone
This has been so useful. So my ex who has no contact with little one was on 70k in a top legal firm, a month after my review stating his salary of 70k it has suddenly changed 12k. Now he’s still working in this legal firm, he’s showing as employed on their website and on the SRA website it states he works there. How can he prove to cms this sudden drop in wage despite working here still? I have no contact with him due to previous DV.
someone mentioned they got FIU involved. How do I do that? Also should I raise this with SRA? And how do I approach this with them without it sounding like tit for tat

Appreciate any information you can provide me

Motherofb · 05/10/2024 19:05

Pixieb34 · 25/05/2023 22:39

Hello,
Wondering if anyone here has had any experience of the Financial Investigation Unit part of the Child Maintenance Service?
I have finally got them to look at my exs income after years of financial abuse from him. They’ve said he is now coming in to see them for an interview. Is this is positive sign? I don’t hold out much hope as they seem completely ineffectual and he always gets away with not paying somehow, despite having earnings of over £150k.
I would be grateful for any insights!!
Thanks, Pixie

Thank you! My ex is a lawyer too and knows how to play the system. Despite working for one of the countries top law firms his income has dropped significantly to 12k from 69k. Now I’m not sure how cms fell for this?? Do they not take information from hmrc or do they simply believe some forged accounts he sent? How do I contact FIU? Also I’ll be raising this with the SRA. If you could advise me further would be fab!

trustnobodyy · 06/10/2024 09:19

When mine got passed to FIU I didn’t do anything to achieve that. It happened as I raised a variation request on the CMS calculation. I uploaded evidence (just logical statements) that his declared earnings could not be true (wouldn’t cover his mortgage, less than minimum wage etc). I then got notification that that was rejected due to insufficient evidence and felt frustrated but a month later I had a phone call advising that cms themselves reject it but due to the logic I had said it was enough to get passed to fiu.

Motherofb · 06/10/2024 12:17

Yeah so my ex still has an active work email account, lots of trust pilot reviews regarding his work and how he’s helped clients. His employers still show he is employed as a senior solicitor on their website. I even rang the firm and was put through to him, I then hung up! His employment is public knowledge on SRA website, law society (all the governing bodies) his LinkedIn etc. even a recent job advertisement on his employers website stating a salary of over 70k for this position. Even if he is a contractor with them 1 day a week the figures don’t add to 10k what he’s claiming. Cms have written to me telling me to take it to the tribunal if I disagree which I will be doing. Also raised it with my mp, reported to SRA too as it needs to be investigated if he is falsifying documents
any advice you can give will be appreciated x

Pixieb34 · 06/10/2024 18:44

Hi…my case is currently with the FIU for the second time. I’ve been waiting since March for any update!
I asked for a mandatory reconsideration and if the evidence is sufficient it will go to the FIU, but not without a lot of effort. I’ve raised complaints and had my MP write and complain on my behalf.
I have raised exactly the same issue regarding the fraud and criminal prosecution, and was told that it’s not in the DWP’s financial interest to prosecute. Totally unacceptable. Why state it if there’s zero intention to follow through. These offenders are just laughing at the system.
I’ve raised this point with my MP also, asking if he thinks this is an acceptable response from a government department. Waiting for an answer 😂 as per usual!!!
Keep up the fight everyone!!

OP posts:
Motherofb · 06/10/2024 19:24

Thank you @Pixieb34 I had discovered that he works as a consultant for a legal firm, meaning he is self employed, he’s a director or a company with his mother and father as share holders. Do I even have a strong case? His mother has never worked yet alone can she speak any English it’s obvious he wants ti divert income. But he’s done it all in a strategic way I feel I dint have a leg to stand on. He knows all the loopholes! Anymore tips and advice highly appreciated x

Sweetheart7 · 08/10/2024 21:50

@Motherofb search him on Google. Company house and start gathering as much info as you can.