Help with CMS calculation? Is he lying?

[northernlightnights]

my ex husband has been telling me for months he is out of work….he lost his job around 6 months ago and as recently as last week when I “checked in” as to whether he had found work (he also moved away when he lost his job and not seen kids since) he has been saying he is still not employed

I don’t like messaging to ask him about work so I opened a CMS case on direct pay ….for a few weeks CMS said they couldn’t locate him, then all of a sudden I get an update on the system saying he has to pay £x per month. BUT I was fully expecting it to be the capped £28 per month since as far as i know (based on what he has told me!) he is only on JSA….except it’s not….its a lot more

does this mean he is lying to me and he is in fact in work?? Don’t the CMS verify first whether someone is on benefits before doing a calculation based on 24/25 tax statement?? (He isn’t self employed - always been employed)

They’ll have checked his employment status and tax payments.
They all lie, welcome to the club!

Well at least your getting something, I gave up with CMS a full time working ex and they could never track him and when they did they said he could afford 24pence a week and that's no joke..15 years on that ex is still in the same full time job and never spent or paid a penny towards oldest and I wouldn't want it either.

@Myfridgeiscool thanks for your reply! Someone said they will have just gone of his tax payment/P60 or whatever the one is you get at the end of the year for the year ending April 2025 but that seemed mad if it’s now September and they havent checked either with him directly / or with HMRC if he is in receipt of JSA first as would just be setting someone up to not pay / get into arrears

I feel a bit thrown ….we were together /married for 20 years with 3 young children and it feels like this man is a stranger to have left me and the children to struggle financially (set of pre school twins so you can imagine the childcare costs alone)

@Rayqueenin sorry that you had to deal with that
I’m sceptical though - I’ve had an automated text from CMS to say payments will start next month but I just won’t believe it until it’s in my bank account. I’m not going to get my hopes up - I’m probably 99% certain I’ll get £0 !

They’d have look at his P60 as they cross reference with HMRC. Reviews are usually done annually once a P60 has been produced.

his P60 would show his entire earnings for the last year - so it’s possible he hasn’t lied about being out of work for the last 6 months

He might have told them the truth…it could happen lol. CMS can deduct from earnings so think they can look at current income.
Are there any arrears on the account? He will need to pay from the day you set up the account. You can see this in the online account.

Really hope you get a nice payment there op!

He has lied
however no reason to message him
you have the money now sorted via CMS
and that is what is important

3 dependents? How many overnights is he having?

He doesn’t have any overnights and never had. He hasn’t seen them since he lost his job 6 months ago but even before that it was a couple of hours a fortnight at best

So you have 100%

how much are you receiving for 3 children 100% care?

@Myfridgeiscool
yes it says there is some arrears - about £160

@Backfromholareyoubased on the message I’ve received its been calculated at about £320 per month (for the 3 children)

That’s pretty pathetic op

just accept it. Don’t engage further.

@Blushingm
Sounds like I’m right not get hopes up then if they haven’t cross checked against any more recent tax payments from a salary in the last 6 months and just used 24/25 P60

@Backfromholareyou
yup…..but better than nothing if it gets paid. The twins childminder fees go up 20% from this month so it would just cover that really

my divorce consent order states I have to pay him the equity from the house by January 1st too so no doubt he will start chasing me for that shortly!

Well yes op

it will get paid

it will get deducted from his pay packet if you have gone via CMS

@Backfromholareyou
thanks - I did Direct Pay rather than Collect and Pay so wasn’t sure if they can still recover it from his wages if he doesn’t pay next month

Surely you can offset any debts owed to you against this - might be worth getting some legal advice.

No brainer op

collect and pay

@Mumofoneandone
it would be risky for me to get the financial consent order varied apparently from some legal advice I had previously (if he is out of work then he could argue he is in worse financial position and entitled to more of the equity) - I also walked away with all my pensions which were were worth £100k to his £10k and I don’t want to risk them as he has made comments since the divorce was finalised about how he wouldn’t agree to that now and how he was “done”

He’s got decades of employment years?
And he’s got a £10k pension
bloody he’ll, I’d be shitting myself in his shoes

Thank you for the update, sounds like it's not worth upsetting the situation!

Ha yeah…..he was self employed I would say age 18-30 but didn’t make any pension provisions. Then low paid minimum wage jobs from age 30 to date….only paid into a pension when the govt bought out the policy that workplaces had to do one.

I always had the career and ending up earning 3x + his…..I guess I was his pension plan until his midlife crisis 😂

He left you? Or vice versa?