Child maintenance always late...

[lovebeyondwords]

So I have a direct pay agreement with my ex sorted by the cms.
Issue is it's meant to be paid on the 1st of the month and never is. It's always a day or two late and I pay my mortgage and all other expenses at the start of the month so need certainty.
We're not on speaking terms and Things are frosty to say the least.
Will the cms simply amend the agreement to collect and pay if I request it? I know it costs us both but the uncertainty of when he'll actually pay is driving me nuts so 4% doesn't seem a huge price to pay.
So drained with the whole thing. Have kids. Pay for them. Seems simple enough to me!

If you go through direct pay it will cost you and cost him and likely cause animosity (more of it by the sounds of things).

You say he is always a day or 2 late. Do you always get the money but it comes a day late? Can you ask him to pay earlier (and build some time in in case it’s a day or so late). Or reschedule your standing orders to take the day or so late payment into account. Why loose out when there could be a way around it?

If it's just a day or two late I wouldn't complain. My ex doesn't pay at all. And there are fees if you go through collect and pay so you have to decide whether a day late is worth losing money for.

I doubt they'd go for collect & pay for that tbh.
My exh is a regular late payer but I can't even inform CMS unless it is more than 5 working days late. they take no action if it's late but in my bank before that cut off.

My ex used to set it up as standing order. It left his account on the set day but took a few days to reach me.
Now he just logs online and does it as a payment and its instant

I would change your mortgage/ other bills by a couple of days (this should be possible in theory) to accommodate his late payment.
I think is shitty behaviour on his part if it's deliberate (feels like he's trying to keep you on your toes) but it might not be.
I wouldn't rock the boat in your position.

Apparently they have 5 days to pay maintenance before it becomes a late payment. Then they get charged and collect it automatically from their wages!x

5 days grace. Wonder if HMRC would accept that when you pay your tax?! Or your mortgage lender?

Agreed! Pay ur bills on time but bugger ur Maintenance!
Phoned the csa, 5 days is correct but they said they will phone him if same happens next month. Brill

The cms are an awful organisation!

Apparently you have to ring a certain amount of times for your case to be prioritised!! I rang every week for 7 months and eventually they did their job and corrected my payments!
Currently on another battle to correct payments as ex lied to them about the amount of nights he has our children so my payments were reduced!!

I have the same issue with my ex..... its a nightmare. does anyone else ex cut there money if he has the kids more for a few more nights, mine asked to keep mine for a few extra over Christmas which I said was fine then when he was due to pay the money wasn't in when I asked where it was he said he doesn't have it before Friday which was fair enough then tells me oh and by the way I'm reducing it by a hundred pounds cause I had them longer and had to spend all my christmas present money on them!! I never say anything but then find myself looking for the money that I am short! xx

I'd check if it makes him go over s threshold number of days with the csa?
I would doubt he can change the agreement tho as they say there's special arrangements for holidays etc xx

even having them 3 weeks a year throughout holidays he doesn't have them over a 100 days... I need to look into it though. thank you x

If he pays you directly, without paying cms first then it's up to him what day he chooses to pay. He should be paying it when he said he would though so you can sort out your bills etc.

If he was the change job for example then he could change frequency and date of payment from weekly to monthly etc and you have no say over it.

Ask him what date suits him so you know when you are guaranteed it.

Cms will take the case on as collect and pay if you keep calling each month if he is late but you will then be subject to a charge (as will he)

Sorry just to clarify, he can't change it monthly, he should set a date and stick to it but if he were to call cms to change the date then he can. New correspondence will be issued and all parties advised

I’m currently going through this - this is what they told me today.
Payments are due on the 1st, if not received 5 working days after the 1st I have to call them, they send him a warning letter allowing him 14 days - if payment is sent within them 14 days direct pay still stands.

Ex was late by 3 days - so 22 days in total - and they still allowed him to pay by direct pay. Apparently they can’t enforce charges on a parent unless then show consistentcey of not paying, paying late is not a good enough reason to charge them 20% apparently :-(

And just because he has them for a few extra nights doesn’t really change things - they do it in bands - up to 52 nights then up to 103 nights
They work out the amount of money and divide it by 7 then take off 1/7 for up to 52 nights - 2/7 for 52 nights to 103 nights