CMS Misery

[NGC2017]

Another month, another non payment.
I stupidly keep logging on in a hope it has been paid, but all I get greeted with is the mounting arrears owed.

To cut a long story short over the last 12 months I have had many dealings with the CMS over non payment. The ex pays vias a DoE. I have had to involve the MP 3 times, and raised several complaints. All I am told is that as the employer doesnt owe it they cannot be forced to pay it. Apparently they rely on good faith....no good for my son!

His dad still works. In the same job and for the same company so there should really be no reason for non payment. However he is now owing alot, which I have little faith will ever be recovered.

I've dealt with some of the worst handlers last year who were rude and horrible towards me. My latest call was with a lovely women who took the time with me. Still the same result but was just nice to speak to someone who sympathized. But basically they cannot guarantee it will ever be recovered. I asked what actions can be taken as surely this cannot be allowed. I was told ' we only take legal action with they are refusing to pay the maintenance. As we dont have a reason as to why it's not being paid we wont do anything as that isnt viewed as a refusal'. I asked why they arent finding out why. She basically told me they rely on everyone working together, and a payment not being received because its been 'forgot' is acceptable.

The system absolutely sucks

@NGC2017

Sorry you are going through this it does sound very unfair and frustrating

Are you dependent on that money? Or can you make do without it? I would be planning as though it's not coming in in your situation

Is there anything you can do to take your mind off it?

Thanks

In many ways we are living like it isn't coming but as we were left in a considerable amount of debt it has left me resorting to a credit card to pay for fuel and food. If none of his debt was in my name, the maintenance would be a bonus to my son if you like. But until that debt is gone I really feel the pinch. The last few nights ive not eaten so my son can.

I think i just need to keep on going and doing my best. Up until last year payments were made no issue. But since last January he has barely received maintenance and all they say is oh we forgot, but they still dont pay it

Does the cms have a complaints process. I know you are flat broke but could you get legal advice and maybe shake them up a bit

I understood that if the employer had been asked to deduct direct from wages they are legal obliged to do so. And can get into trouble if they don't make the deductions.

@eve34 yes that was my understanding too. But i was wrong.
It is only when you get to that point in the complaints process when things go wrong that you are told it almost never happens. Somne agents guaranteed that they would NOT take any action. They will only take legal action if they are refusing to pay. Missing payments isn't classed as a refusal, and they grant employers more leniency as they dont owe it afterall, therefore they cannot be forced to pay it. So what will happen is the arrears will build but they have no duty to pay any extra to cover the missed payments. They use the term ' we rely on good faith' alot!
I have raised complaints and involved my MP many times now with little to no result

Could you try small claims court? I too have contacted my mp about the terrible service. Not that I expect them to have any influence. It is terrible state of affairs that nrp don't support their children.

@eve34 I suppose I have to detach from him as he isn't paying it. It should be his employer taking it from his wages. He was uncooperative for so long they had no choice to go for his wages. Was for the best really as he hasn't seen his son in over 3 years now so was never going to do it willingly. But I went in to things thinking that whilst he worked I had more security that it would get paid as per schedule. Two years went without issue. Then last year its been painful ever since. The truth is a DOE means nothing if its not being paid. They won't act on non payment as the employer isn't the one who owes it.
I would love to be in a position to not need it but debt repayments are crippling me.
Sorry to hear you've had a bad experience too

You need to put in a complaint. Personal experience, this gets things moving. They're bullshitting about the 'refusal', non payment is non payment. Sympathies though, it's a constant battle and totally draining.

www.gov.uk/child-maintenance/complaints-and-appeals

www.childsupportlaws.co.uk/csa-tribunals-appeals.html

Well thats my thoughts too. Non payment is non payment. I can accept once but not month in month out.. I can't see how putting in another complaint will change anything. They've had a number from me now and they always side with the employer