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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.

Original poster

Help with CMS calculation? Is he lying?

33 replies

northernlightnights · 02/09/2025 09:05

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)

OP posts:
PositiveLife · 02/09/2025 14:55

They'll have used the latest full tax year figures from HMRC. With direct pay, they'll have written to him informing him of their calculation and a payment schedule. If he doesn't pay, you can report the missed payment in your online account and you can request to move to collect and pay.

If he actually is out of work, he could ask them to vary the calculation based on his income being significantly lower than the HMRC figures for previous tax year.

Original poster
northernlightnights · 02/09/2025 15:16

@Backfromholareyou
he left me (well me and the children) - walked out whilst we were out and only came back to pack his things

OP posts:
Original poster
northernlightnights · 02/09/2025 15:19

@PositiveLife
thanks. I’m inclined just to let it rack up into arrears since I have a suspicion he won’t open any official looking letters in case it’s a final demand letter (and he’s useless at admin so highly doubt he’ll then contact them to re assess if!) and then move to collect and pay to recover it when he gets a job

OP posts:
mammat72 · 08/09/2025 13:39

northernlightnights · 02/09/2025 09:05

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)

yep he is lying or his circumstances have changed either way. just keep the CMS case open and agree to direct pay that way he pays you directly each month straight to your bank. but if he doesn't pay or mucks you about, the cms take over collecting payments this adds 20% onto what he has to pay and they take 4% from what you would receive. on no account agree to close the CMS case this gives you and your children legal protection.

BigBirdOfPrey · 08/09/2025 13:52

northernlightnights · 02/09/2025 09:13

@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 will have checked his HMRC and that’s what’s owed to you.
Have a friend in same situation, if he earns more, she automatically gets more.

He lied to you unfortunately.

Original poster
northernlightnights · 08/09/2025 21:13

Thanks @BigBirdOfPrey @mammat72

I’ll just keep the case open and if he misses the first payment I’ll move onto Collect and pay, all rather sad but in many ways I’m relieved that it’s out of my hands

OP posts:
DorothyStorm · 08/09/2025 21:22

BigBirdOfPrey · 08/09/2025 13:52

They will have checked his HMRC and that’s what’s owed to you.
Have a friend in same situation, if he earns more, she automatically gets more.

He lied to you unfortunately.

Show quote history

And cheated his children.

mammat72 · 09/09/2025 03:02

northernlightnights · 08/09/2025 21:13

Thanks @BigBirdOfPrey @mammat72

I’ll just keep the case open and if he misses the first payment I’ll move onto Collect and pay, all rather sad but in many ways I’m relieved that it’s out of my hands

he will probably try to manipulate you and say its a private arrangement and that you need to close the case DONT. just say no i have been told the case needs to stay open by the cms. if he is not in contact with your children i would even not argue or enter dialogue with him. good luck maybe update us all x

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