CMS?

[Marvelfan300]

Advice please!! I’ve taken my ex to cms due to him not having our child over night he lives with his new partner who has just given birth. She’s claimed cms also from him yet I’m sure they live together!!!!!!!
is there anything that can be done as this has reduced my payment to £3.75….

She doesn’t need to claim cms for the new baby to be taken into account and reduce payments. (I disagree because I think first dc need to be cared for and choosing to have another baby shouldn’t be detrimental to existing dc, but I don’t make policy).

No, if he has another child your payment will be reduced regardless

It’s stated on there he has 1 other dependant (newborn child.) my payments went up this month suddenly now ive got a new letter saying he’s now paying for another
child through the child maintance service which has to be the newborn due to him not having anymore children? So she is claiming while living together?

No, it says that weather she is claiming or not. They’re not going to divulge his business to you, they’re just saying there’s another child taken into consideration

iits not stated this before for 3 months now it’s stated he has one other dependent and has a family agreement now it states he has another dependent claiming through the child maintance service so I’m very confused

So he’s only just told them about the baby, I don’t see why you’re not getting it

He stated the baby on the claim when it was first made last year I believe the baby is roughly now 3ish months old?! I could be wrong however it always stated he had another dependent and now he has a total of 2 that qualify for money

If the baby is 3 months then it wasn’t on there last year was it?

I don't think the reduction for a child he lives with would be as much as this seems to be. So it certainly seems that he's claiming (possibly fraudulently) that he's separated from the baby's Mum. Unfortunately CMS don't give a shit. They did duck all when this happened to me, even when I sent them evidence.

ive just gone back through the account and it was sent in January recalculated annually this May so baby would be now 6/7months (I don’t keep up with how old the little one is.) I’m just more concerned he’s trying to avoid paying …

Sorry this has happened to you also how did you report this!? I’d atleast like to try and give it ago as it’s unfair

It was actually the opposite was around for me. He claimed a reduction for living with his step DC. I knew he didnt live there and contacted the CMS. They said I had to "prove" it. Which i did. They said I could have faked it and refused to investigate further.

I’m very sorry he’s avoiding paying seems to be a normal for dads to do this I’ve spoken to a few people it’s happening too do you think it’s worth trying or not to botheri just think it’s unfair to claim something when you’re yhere

Id definitely pursue it. If only so you can prove it to your child of he ever claims he tried to pay and you didn't let him. Yes, my ex did that too.

My DC are adults now. I haven't had a penny from him in about 12 years. But they know I tried and he lied and dodged.

I will definitely try what proof did you try and send across? All I have really is my child stays at his new partners address on shared care times but never over night

I had texts that he'd sent me not his DP saying how he hated having to live apart and the flat was cold and lonely. Despite the fact they had his number on apparently I could have sent them myself from a friend's phone.

Do they definitely live together and not split up? Child maintenance is for the living costs when a parent doesn’t live with the child so seems wrong he’s paying someone he’s living with. If they do live together surely it’s fraud? To try get out of paying

There’s two separate issues and im
not clear which one you are saying

1. he has another child so is paying 2 lots of cms ( and you’d get half of that total amount) or
2. your cms is reduced a bit because he’s living with a partner who had a child

2 is allowed even if the child isn’t his

which one is it ?

Im angry for you. The policy is wrong. You should be entitled to x amount. If ex then goes on to have more kids..then tough...he should just have to pay out more for more children not less to hus first lot of children. Can tell a man wrote that law can't you.

That’s not how it works in a family unit. Though either You have two children and money is shared between them. You have a third and it’s shared again

im not saying the current system is the right one or the only one but there’s no real onesie fits all approach

I am in a similar situation and have managed to get the FIU to investigate them. I just kept complaining and saying they have not seperated.

There's a fb group, I got advice on there.

I mean even if there's another child getting half of the CMS, that means you'd end up with £7.50 if you fought this and won.

I get the principle, but I really don't think I could be arsed for an extra £3.75....