Deduction of earnings...how long?

[flyer793]

Wonder if anyone can help me, my babies father is refusing to pay me any child maintenance he didn't start paying till I opened the case with the cms but now he's stopped completely, I've told him I'll go to cms to get a deduction from earnings (which he laughed at me and said good luck)
I was wondering does anyone know how long this takes?? He says it will take ages and they will have to take him to court first. What happens now? I'm on my own and really need the financial support :( thanks

In all honesty the cms are pretty useless in chasing . You need to report none payments to them . They give nrp chance after chance . If you get no where get your mp involved but you need to not rely on his money . Wrong I know but the system does not really help rp.

Have CMS already contacted the ex regarding payments? And debt a payment schedule? They have to give him a chance to pay it to you himself like a standing order or bank transfer on the appointed day. If he then fails they raise it to Collect and pay, this takes a month to be moved over and they rely on your ex’s employer cooperating, if the employer doesn’t cooperate there’s nothing they can do, it’s absoluterly rubbish and not helpful to the RP who only get maintenance every now and again or not at all, the whole system needs an overhaul and stronger legislation bringing in x

In my experience it took 18 months.
This was 18 months of him being given chance after chance by CMS. He never once paid the full amount in that time but as he was paying something they kept saying he was showing willing. Then he stopped paying altogether last summer for no reason. It took 3 months of non-payment for them to confirm that if there was no payment the 4th month we could change to collect and pay but they had to write to him to let him know. Obviously he made a token payment to stop that happening. And then we had to go through the whole palaver of short payments again.
However, my claim was finally changed to collect and pay on 19th August. They’ve said to expect my first payment on 19th November. So 3 months.

Unless he changes employer or his employer doesn’t pay. It’s just a bloody nightmare.

Agreed @Whatififall CMS are a shambles and do not work in favour of the RP. I’ve been underpaid and had no backpayments what so ever, CMS said to me it takes a month to change over to collect and pay which I wasn’t too happy about but thought well at least in a month I’ll be getting the right amount each week after 5 weeks I phoned them and they said they had tried to phone me and apparently someone answered my phone and told them I know longer had this number (bearing in mind it was the same number I was ringing them from) they then said it will take another month to again move it over to collect and pay, I told them forget it, I haven’t got the energy to fight with anyone anymore, I would rather scrape on by then have to deal with this

In my experience it took 6 years! And if he's self employed you have no chance. The whole system is a joke. They can play the system by paying one month, and then missing 3, and then pay again for a month to stop the proceedings. I had to get my local MP involved to speed up proceedings, by which point he's now £18k in arrears.

It is a crime to not pay. Does anyone know if any person has ever tried a private prosecution against a parent who refused to Pay? Or taken civil action against them.

There really should be something people can do privately if someone does not pay.