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CMS. A success?

10 replies

FlowerBranch · 19/08/2021 13:15

After many, many years of ex working cash in hand and playing the system to avoid paying any child maintenance, CMS have decided that he cannot be living on zero income and that he should pay X amount based on the last time he did declare any income.

I'm very surprised at this as I am aware some NRPs get away with this forever. Is this a change in policy...?

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3peassuit · 19/08/2021 15:55

Maybe CMS were informed of a change in income by HMRC. I’m not aware of a change in policy. Too many NRPs get away with contributing nothing.

FlowerBranch · 19/08/2021 16:14

I wouldn't have thought he'd ever work through the books again to be honest so I'd be surprised if it was that. The letter definitely said it was based off historical earnings.

It will be interesting to see if he pays and, if he doesn't, what CMS do if he stands by his claim to have no income.

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unicornsarereal72 · 19/08/2021 20:45

I hope this is an Up and coming trend. it should be, they must know a massive number of nrp avoid having to pay by working cash in hand or self employed etc. Time they got up to speed.

FlowerBranch · 19/08/2021 21:36

I would like to think it was fairly common sense that NRPs living alone that pay for a car, a house and bills aren't doing that with zero income for years, so definitely a step in the right direction if this is a new policy.

I haven't challenged the previous decisions of no maintenance needing to be paid so am unsure what has happened and why.

I wonder if anybody else has had similar decisions made?

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PumpkinKlNG · 20/08/2021 07:54

Didn’t do that with me, my ex wasn’t working or claiming benefits for 3 years and I was told cms wouldn’t do anything as he “could be living off a partner”

Aerish · 20/08/2021 08:44

It would be great if it's a new policy. My ex has changed jobs for years not to pay, when they set up a DOE he leaves.

He is now not officially working anywhere and not claiming benefits and also owes me thousands. My last review said because they have no record of income that he has to pay £0 a month. Without a permanent address they cannot take him to court for the money he owes me either.

It would be a good idea if they used the last tax year they have to work out payments so they money for the child/children is still added to the arrears for when these NRP do go back to work officially.

It's amazing what lengths NRP will go to not to pay for their own children and the CMS make it very easy for them to do so.

FlowerBranch · 20/08/2021 08:50

@PumpkinKlNG I was told that at one point too. I honestly can't understand what has happened for this decision to have been made.

@Aerish That seems to be what has happened to me. They've used the last tax year (ending 2016!) to work it out. It's still not anything close to what he actually earns but I don't challenge it. I am curious to see what happens if he doesn't pay and stands by his claim to have no money.

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RandomMess · 20/08/2021 09:04

Pre CMS I successfully reported for declared income not matching lifestyle and got it increased (he was self employed).

You can appeal on the same grounds with CMS.

Dontlickthetrolley · 20/08/2021 09:51

CMS calculated ours based on 2016 tax return, I challenged it as knew he was currently working and they readjusted it, he still hasn't paid anything though!

FlowerBranch · 20/08/2021 12:27

@Dontlickthetrolley That's interesting, good to know that it's not just me that has had this. I'm not expecting any payment to be made either!

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