Not declaring child maintenance on mortgage application

[Mami16]

Hi

Just after some advice. I've recently contacted CMS because ex is not contributing anything. He has failed to make payments by direct pay and now CMS are setting up collect and pay. The reason he isn't paying the child maintenance is because he's applying for a mortgage and doesn't want them to see how much he will be paying me every month. Is this fraud?

Well it would invalidate his mortgage insurance i think.

If he refuses all contact, eventually they will go straight for his wages.

This is what happened with my DS dad. It took around 3 or 4 months. But he straight refused. He was even contacted at work and they made excuses for him.

Presumably he is in work so if he ignores them for long enough they will go straight for a deduction of earnings order which is employer is legally obliged to pay straight from his wages whilst he is still in their employment. So he cannot get away with it.

Unfortunately it will cost you around 4 percent I think it is. But he will get a permanent penalty. My sons dad has to pay an additional £65 a month in fees and penalties. That bit annoys me as it should go to my child, but he chose to ignore them and not comply so they hit him harder than it should be.

So basically if he doesn't play ball and comply the maintenance will be much higher than he is being told he has to pay at the moment. Whether he has a mortgage by that point or not, it will be a higher outgoing

I'm gonna sound evil but I hope it all gets sorted before the mortgage application goes through. He can't get away with it. What an arse hole

Thanks. He had his chance to reply to them and they've told me he didn't respond to the letters and that they will proceed to collect and pay but can take up to 3 months.

In the meantime he can apply for a mortgage and not put down he's paying maintenance because he's refused and payments will take about 3 months to set up and if he's successful in his application he would have got away with it?

It's wrong, his priorities are all wrong! He wants to buy me out of the house and make us struggle the same time. He should be paying for his children but the house is more important to him.

Makes me angry, he's happy for us to struggle!

I fully support you going to the CMS but I will add it isn't always as easy as you are led to believe. Since Dec 2017 his employer has barely paid and the CMS have no legal grounds to persue them as they rely on, wait for it.... 'good faith'. I am not saying this is always the case but it has been my case for a long time now.

I'm only saying this as you say about him wanting you to struggle. This is my life. I was left with all the exs debt and he has happily started a new life and left us with all his shit.

Unfortunately though if his application goes through before they do what they need to then yes he will get away with it. I remember it taking a long time. End of march to end of August when I got my first payment.

I suppose if he gets the mortgage first at least he will be able to buy you out. There is no way he won't have to pay anything though eventually . I just hope his employer is better than my exa

@SpideyMom how awful for you! I always wanted it to go to collect and pay because of the way he is and I thought that would be the end of it and it would be paid on time every month. Is it sorted with you now or do you still have problems with payments?

Looks like he will get away with lying to the mortgage company then because collect and pay won't be set up before it gets approved. Shows his priorities hey!

My sons dad is a prize knob. Deep down I knew he wouldnt cooperate. Years of his abuse and manipulation told me how he would behave but I hoped having a child he would be fair. He wasn't!

I've had the last 2 payments without issues. But I've also had to involve my local MP 3 times and I've made 4 complaints over the last year. It's so erratic, I've had to see it as a bonus when it is sent. You are told not to rely on it as it isn't guaranteed. But unfortunately the position I am in with his debts I need it desperately.
This month is particularly hard as tax credits have messed up so we only have £10 to live on which means I am relying on a credit card.

My annual review came through last week. His wages have gone up but payments gone down. No mention of the money he still owes. He has declared a new child. I did cry at first to be honest. But only because he really has began a new life with no thought to my child. And now we will struggle even more, that's if it gets paid regularly.

Men like this disgust me. I feel for you

@SpideyMom that is terrible! If only they knew how expensive raising a child is! Child maintenance is nothing compared to actual cost bringing them up and some 'dads' can't even pay this!

Hope you get it sorted and you'll get payments every month. Was your MP helpful? My ex is going to the MP for the opposite because he doesn't think he should pay because he sees it as giving me money!

Ha! His MP will tell him he has a duty to pay maintenance. Will there be shared care? In cases of 50/50 I don't believe any maintenance will be due.
LOL. That's made me laugh though, he thinks he shouldn't pay.

Once the MP became involved the CMS got their act together and things started moving. It was just a shame thats what I had to do to get anywhere.

You are absolutely right though. The pittance I get doesn't cover anything when raising a child and it only get more expensive the older they get. It's insulting.
My ex also works on the side and doesn't declare it. They can't do anything until the hmrc investigate. He lives such a flashy life. 6 holidays a year, regular weekends away, nights and dinners out and here's is struggling to put food in the cupboards.

I really hope things work out for you

No, he took me to court because he wanted 50:50 but I stood up to him because he definitely didn't deserve it and no way it was in our children's best interest. He's had twice a week for tea and every other Saturday night overnight and then in a few months every other Friday and Saturday.

Thanks for mentioning MP, I was told by CMS that I should hear from them in a few weeks, if I don't then I might contact our MP.

Really feel for you and what an absolute terrible father making you and your son struggle. Making our life a misery and not contributing to the upbringing is still part of their abuse and control! Problem with my ex is that he hates to be told what to do, so when he has the letters from CMS he goes off on one and doesn't reply or refuses to pay.

Hope you get yours sorted and no more hassle trying to get money off him for your child. My ex is clean off, thinks I want money off him to keep for myself. If only they knew our situation and how much it costs hey!

Absolutely get your MP involved when you feel it is necessary. From experience the moment you mention your MP their voice changes and are really helpful, apologetic and willing.

Your ex sounds like he likes the control. He sounds like my ex lol. Stick to your guns. You will come out so much stronger and you will be amazed what you are capable of.

Good luck xx

Thanks for the tip! They do sound very similar, it's taken a while but I'm standing up to him now and he can't stand that!

Good luck to you too xx

If you have official documentation of his CM obligation & know which mortgage provider he's applying to I'd send it to them.

Thanks for the advice. I do know who he's applied the mortgage with but not sure how to go about it and because the CMS are changing it to collect and pay I'm not sure they would take notice of the paperwork I have now?

I think they'd be interested in all the paperwork ok. Just email them with a scan of the documents & then follow it with a letter & hard copy. It's an outgoing he hasn't told them about, regardless of how it gets paid, & has a direct bearing on his ability to pay. When my 1st marriage broke down my ex royally screwed my & our 3 children over. I didn't do a lot of things I could have & bitterly regretted it. He was a nasty piece of work even when I was being reasonable so I'd have been no worse off if I hadn't been. The children & I would've had a much happier/easier life if I'd been hard as nails from the start. Give no quarter has been my motto since.

Thanks for your advice. Problem is he hasn't put the amount down because he hasn't paid me so the mortgage company won't know about it. They are now setting collect and pay but still no payments yet so it looks like he doesn't pay any maintenance but will be soon (hopefully).

Obviously the ex knows but mortgage company have no idea that he will have a monthly commitment soon.

He obviously wants this house more than paying to bring his children up.

Sorry to you, sounds like your ex is like mine! Try to reason with them and still get treated like shit. Definitely the motto now, time to stand up to them!

When did he stop payments as most lenders will look at past 3 months bank statements and regular payments out and may well spot it. And yes, it's mortgage fraud.

It was only set up with CMS in January and he hasn't made any payments he was on direct pay and now they are changing it to collect and pay so it doesn't show anything that he has monthly commitment.

As long as the order is in place the mortgage lender will want to know about it, whether he's been paying it so far or not. I'd say they'd be extremely grateful to know that he's defaulted on payments & the steps that are having to be taken to get the money from him. I don't think they'll be impressed.

Thanks, just not sure how to go about it without him knowing I've told them. I just want him to get his priorities right and help me financially with our children and after making us move out due to domestic abuse he doesn't bloody deserve the house!

Thanks for all your help x