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Child Maintenance Deductions - Collect and Pay Service.

1 reply

FunkyCrunky · 03/02/2019 18:35

Please move this if it's in the wrong section.

I have 3 children registered with child maintenance service (CMS). I was with the CSA until they closed. The CSA transferred the £3k arrears to CMS. Since having to pay £20 to join CMS, they've hardly ever collected any money from my ex.

Ex jumps from working to benefits to evade paying. As soon as they catch up and find where he is working, then get to the deductions of earning from his employer, he jumps onto benefits then waits for them to get to the state where they're about to deduct from his benefits, then jumps back into work, and so on. Meaning I get nothing. Arrears are now at almost £6k.

However, since Christmas they've actually managed to take monthly payments. I'm not holding my breath they'll continue for much longer, and they're low payments that have been deducted (he hasn't physically made payments), but anything is better than nothing.

The thing that's bugging me the most is that I'm paying for CMS to take payments from ex. Why am I the one losing money? They're charging 4% off the money they take. But if he evade payments and refuses to pay, why is it that the residential parent is losing out?

The CMS told me I could get the full amount if we set up payments between ourselves. However, ex has had zero contact with his children in over 10 years now. I have no clue where he lives or any contact information for him. He's clearly not interested.

Also, the arrears (£6k) cannot be claimed back from him while he's on benefits. Is there anything I can do to see this money back? I've struggled myself for many years bringing my children up on little money with no child support. I'd love to put that money in a fund for my children when they're a little older.

There must be some way of claiming this money back? Any advice appreciated.

OP posts:
prh47bridge · 03/02/2019 19:36

why is it that the residential parent is losing out

As you are using Collect and Pay you both lose out. He has to pay 20% more than the usual amount of child maintenance, with the extra going to the CMS. You lose 4% of the usual amount of child maintenance. So, in simple terms, if maintenance is assessed at £100 per week, he will pay £120 per week and you will receive £96, with the other £24 going to the CMS. As he isn't paying in full and on time he will also have to pay £50 every time they take out a deduction from earnings order or a regular deduction order, £200 if they take out a lump sum deduction order.

Is there anything I can do to see this money back

The only thing you can do is keep chasing the CMS. I'm afraid you can't take action against him to recover the money he owes.

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