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Guest post: Child maintenance fees - 'you've made your bed, now lie in it’?

87 replies

KateMumsnet · 22/05/2014 16:57

This week, more than 50,000 letters have been sent out by the Department for Work and Pensions to parents in England, Scotland and Wales who currently pay and receive child maintenance through the old Child Support Agency (CSA).

Attempting to sum up the changes in a nutshell is difficult; there are acronyms aplenty and percentages at every corner - but here goes:

The CSA is no more, and is being replaced by the Child Maintenance Service (CMS). Around one million cases will be transferred to the new arrangements, with the government saying that this scheme will offer greater efficiencies and - whisper it - a 90 million pound saving for the tax payer.

The major difference is that fees are set to be introduced – to both parents – under the new scheme. Parents will be asked to make their own private agreements and if that proves impossible, the parent with care (PWC) - usually the mother - can pay £20 to apply for a new maintenance order.

If the non resident parent (NRP) – most of whom are men – misses payments, the PWC can apply for payments to be taken automatically from their ex’s gross salary - but the government will charge them 4% of their child support for doing so.

There seems to be a growing feeling amongst taxpayers that they should not have to fund the messy divorces of warring couples. As one half of a warring (ex) couple, it feels like the message from the government is: you've made your bed, now lie in it.

They assume that it's a choice - a wilful act, to be on terrible terms with the father of your children. And one that a woman can reverse by just trying a bit harder. Of course it's not a choice - as Caroline Criado-Perez argues, one third of new applicants only turned to the CSA because private arrangements had failed - 45% had experienced violence or abuse from their ex, and 30% had no contact with them at all.

Even if your separation has been relatively amicable, coming to a private agreement is immensely difficult. I did it – eventually - preferring not to approach the CSA for all sorts of reasons, but it was incredibly stressful. When you're in the middle of a divorce, seeing your ex across the street is hard, never mind sitting down and having a rational conversation about handing over money. It us took 18 months of hard-wrangling and sly game-playing (on both sides) - with a predictable negative impact on my health and therefore my ability to look after my children.

There are people who can help, but they are inordinately expensive; when you have the choice of paying a solicitor at £200 per hour, or a £20 fee to the CMS it's a no-brainer. But women shouldn't have to choose between one fee and another – at this particular time in their lives, they need a service that is free to use.

Because, at the heart of all this blather are not the parents, but the children. The government seem to have lost sight of the fact that Child Support is there, as the phrase suggests, to support our children. It's the children who will miss out on that 4%.

When I was younger, I assumed that the people who made Laws and Rules were highly educated civil servants with brains the size of planets; all sitting at individual desks in oak panelled rooms, wrestling with the problems of the nation and coming to conclusions that are best for us all.

Now that I'm older and fustier, I now see that these rule-makers are just people like you and me, and they make cock-ups. In this case, they have certainly done so.

OP posts:
TheHoneyBadger · 26/05/2014 08:45

i'm glad they've put in measures for domestic violence but i feel it is unfair they haven't put in measures for people like myself where the 'father' has refused to ever meet the child and refuses contact and i have zero way of even contacting him let alone arranging for a private agreement.

it seems massively unfair to me that my son should lose any of the only support he gets from this man (re: the CM).

why should the pwc pay when they are in no way at fault and simply have no means possible to arrange a private payment due to complete refusal of contact?

TheHoneyBadger · 26/05/2014 08:47

however under the new system at least they'd actually update the claim. i only claimed when ds was 3 - he is now 7 and getting the exact same amount though clearly his father wont be earning the same amount after 4 years but god knows what i would have to go through to get it updated.

EasyTigeress · 26/05/2014 09:54

HoneyBadger

Give them a ring and explain you think his circumstances may have changed. I presume they will then look into it.

A friend of mine who is in a similar position to you does this every year. The only difference is she knows when his circumstances change as his Mum phones to tell her. She has been doing this for my friend for 4 years and still don't think he ex has twigged that his Mum is the one informing his ex.

TheHoneyBadger · 26/05/2014 13:16

thanks easy - actually after posting that i looked online and saw you can submit an email to them which i've done informing them he has changed jobs and must be earning more by now and could they look into it.

it is a farce that my son will lose money when the system changes. ok, they want to incentivise people who can make private arrangements to do so but for people like myself it's just punishing us for someone else's behaviour.

my personal feeling is that child maintenance should be handled by hmrs and be an auto deduction from salary. non payment of cm should be on a par with non payment of council tax imo.

TheHoneyBadger · 26/05/2014 13:18

(note when we worry about single parents and people having babies too young etc the pressure is always upon girls - if the consequences of having children were genuinely felt by men in their pockets they might be more motivated to take contraception seriously themselves and the type of man who repeatedly starts families and walks away without a backwards glance might be eradicated)

jennywren1972 · 27/05/2014 10:14

As a single mum of two who since my ex husband lost his job is now only receiving £10 a fortnight for the two children through CSA I will have to pay one months worth of maintenance payments in order to have a new CMS Claim. The last time I checked with the CSA my ex owed arrears of nearly £900 and unless he gets another job I can't see me ever getting anything back. Many others will agree that £10 for one child does not even cover school lunches for a week never mind two children. I pay my taxes like everyone else and have done since leaving school 26 years ago, surely those of us in this position through no fault of our own deserve a bit more support rather than financial burden of extra fees?

ardomay · 27/05/2014 10:41

"my personal feeling is that child maintenance should be handled by hmrs and be an auto deduction from salary. non payment of cm should be on a par with non payment of council tax imo."

I agree with this.

revealall · 28/05/2014 10:28

Could someone answer my questions?

I have had no contact with NRP for over nine years. I used the CSA when DS was born but they couldn't trace him. I reinstated a claim 2 years ago which worked because he was on benefits.

I have no contact so I won't have any clue to circumstances if the money stops suddenly. Will the CSA automatically calculate his new situation (new family, work or death I guess). Will the new CSA require me to pay £20 to chase him up and how long do I give him to declare his new circumstances.

I put his money into a savings account in my sons name which I use to pay the school residential. I don't check it regularly at the moment. Will I be informed if his situation changes or is it down to me.

fedupbutfine · 31/05/2014 10:21

sighs.

Why is this on the 'lone parents' forum? Surely mumsnet is aware that the issue of child maintenance is not one which only affects lone parents? Surely there are literally thousands of people out there using the CSA/CMS who are in long-term relationships/marriages having moved on from their previous relationship? is this not a 'general parenting' issue given the high divorce rate this country currently has? shouldn't Joe Public be aware of the issues that could affect them should their relationship breakdown? why should lone parents be the only ones who are considered actual or potential users of the CSA/CMS?

It is depressing that even on mumsnet, lone parents are seen as nothing other than money-grabbing bitches who need to be tucked away in their own corner in case they contaminate all those decent families out there, eh?

NatalieMc82 · 06/06/2014 16:51

"my personal feeling is that child maintenance should be handled by hmrs and be an auto deduction from salary. non payment of cm should be on a par with non payment of council tax imo."
my feelings exactly! this would mean that children would benefit from overtime, bonuses etc, and this could all be worked without contact between parents where necessary.
also surely most accurate..

pmgkt · 12/08/2014 08:28

I look at it from the other point of view. My dh is the nrp who, when his ex walked out while pregnant with their second child, offered a private and generous arrangement, but she insisted on making things as awkward as she could and insisted on going through the csa, and ended up getting less. Why should we have to pay the majority of the fees when it's the rp that is stopping us doing a private arrangement. If there is fees , they should be 50/50. I appreciate this is MUMsnet and there are lots of examples where the dads are avoiding paying but there are also many examples of women who try and exert power or control by insisting on csa, as well as insisting that partners are on more money than they are and requesting numerous reassessments when either nothing has changed or infact dads are earning less ( eg ot has stopped ) yet they are doing what they can to continue payments. As it is my husband had a drop in salary when he went SE, we offered a private arrangement again so that when we earnt more we could pay her more but no she wanted csa. So she gets a payment through them and cos I am working more to cover the lower income she gets a payment from me too to make up the loss since his last employed job. In addition we pay half of trips, do big clothes shop trips with them a couple if times a year and most times we pick them up we get moaned that they need new bits bobs, uniform, shoes cos we live near shops (so does she, and manages to find a couple hundred pounds to buy her own shoes)

In case you can't tell I get frustrated by the one sidedness of the conversations often had on here so thought I'd even it out

EMJONE1982 · 14/10/2014 12:03

The most important thing parents can do is educate themselves on the child maintenance issue. The courts need to help parents who can't come to an amicable decision not penalise them. I found a great piece from a family law specialist which gives some pretty good advice on the matter of child maintenance for anyone needed help: www.family-law.co.uk/blog/understanding-spousal-child-maintenance/

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