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Original poster

CMS voluntary payments

13 replies

Ellizabeth · 26/03/2023 07:05

Hi mums,
My ex and baby daughter’s father who doesn’t have custody of my daughter (I look after her full time) has been paying me monthly via CMS arrangement since the birth of our daughter - a fixed amount which gets reviewed every year based on his taxable income, which he has been successfully decreasing every year by increasing his private pension. Oh well?!
Last year he agreed to give give me a bit of extra money (£200) to help cover the childcare costs since I am a full time carer and work full time and my childcare costs are through the roof, and the money he transfers me monthly via CMS arrangement doesn’t even cover half of the childcare monthly cost. All of a sudden this month I get a letter from CMS about the voluntary payments information that my ex has submitted to them - i.e. that he has been paying me extra £200 every month on top of my existing agreed child maintenance amount. I rang CMS where I was advised that indeed my ex did put a claim through that this money that he has been paying on top (£200) should be considered as part of child maintenance and should be factored into overall future calculations, and which now means CMS may reduce my future payments. I can’t believe he has done something like this? If I knew he would do that I would have never agreed to take that money. I was so shocked that he has done that but I equally I can’t believe CMS would consider a claimlike this - something he did on his own accord and now wants to take away just to punish us?! Basically CMS are going to take money away from my daughter since he voluntarily been giving extra based on our verbal agreement and now he just decides to be a prick and take it away via them via future payments - which apparently he can do.
This whole thing put some much unneeded stress onto me as I can barely afford childcare now and if my payments are reduced even further I am scarred I won’t have enough funds to care for my daughter.
Has anyone come across this before? Can CMS actually reduce my future payments by the top up amount already contributed?

Any advice is much appreciated. Thank you

OP posts:
Fluffodils · 26/03/2023 07:08

Oh gosh! I had no idea they could do that. How awful.

Putdownthecake · 26/03/2023 07:11

Not sure on this but just commenting to say are you claiming universal credit to help? If eligible you can claim 85% of childcare costs. If you earn too much then tax free childcare saves 20% up to a certain amount. Sorry your ex is so awful

Villssev · 26/03/2023 07:35

You do know you can get back 85% from gov for CC costs of receiving UC?

Villssev · 26/03/2023 07:35

If

cornflakesandtea · 26/03/2023 09:46

I had no idea they could do this either! What a complete knob your ex is, he's using you as a savings account. I'm sorry I have no advice but I hope things work out for you.

Villssev · 26/03/2023 11:41

which he has been successfully decreasing every year by increasing his private pension.

so very unlikely someone like this was ever going to give you £200 a month more out of the goodness of his heart

Original poster
Ellizabeth · 26/03/2023 17:23

i am not eligible for universal credit.
I am waiting for CMS decision, it’s been more than 3 weeks now and they haven’t got back to me. Fingers crossed, they see through what he has done but somehow I feel they will make the decision in his favour since he paid in surplus this year and didn’t need to, and also judging by what one of the reps I spoke to has indicated.

As they say, you live and you learn.

OP posts:
Villssev · 26/03/2023 19:17

You aren’t eligible for UC? On what grounds? Presumably your income too high?

Villssev · 26/03/2023 19:20

You are a carer and your income is too high for any UC?

bubbles888 · 26/03/2023 20:38

Hi my ex done the same once gave me "extra" on top of CMS one month and then tried to say it was 3 month CMS payments in advance. I contacted CMS and was told not to worry as anything gave to me for our child above the CMS figure was voluntary and his choice and wouldn't affect his legal CMS amount he still had to pay according to the calculation.some Nrps pay half towards school uniform or trips on top of CMS it doesn't count towards their monthly amount So no they can't do this. I'd contact them again don't let him away with it

MissMaple82 · 26/03/2023 21:21

Has it been confirmed that those is the case? Because my ex once paid me more and when I queried it with CMS they said anything above the set amount is paid off there own back and it doesn't effect claim. Also, childcare payments- if you're a lone parent you'll be getting 85% paid by UC or tax credits

MissMaple82 · 26/03/2023 21:22

Ellizabeth · 26/03/2023 17:23

i am not eligible for universal credit.
I am waiting for CMS decision, it’s been more than 3 weeks now and they haven’t got back to me. Fingers crossed, they see through what he has done but somehow I feel they will make the decision in his favour since he paid in surplus this year and didn’t need to, and also judging by what one of the reps I spoke to has indicated.

As they say, you live and you learn.

Of your not eligible it's because you're on a massive income!

Starseeking · 27/03/2023 00:26

Ellizabeth · 26/03/2023 17:23

i am not eligible for universal credit.
I am waiting for CMS decision, it’s been more than 3 weeks now and they haven’t got back to me. Fingers crossed, they see through what he has done but somehow I feel they will make the decision in his favour since he paid in surplus this year and didn’t need to, and also judging by what one of the reps I spoke to has indicated.

As they say, you live and you learn.

I'm sorry to hear this @Ellizabeth, but I can confirm it's true, as my EXDP did exactly the same thing.

When one of my DC was still at preschool before starting reception, the monthly invoice was circa £800, which we agreed to share on top of maintenance of £610 for 2 DC which the CMS determined (I applied as he had wanted to only give me £300 for 2 DC when he earns £60k).

Every month, he'd send me a payment to cover DC's nursery, then I'd get a letter from CMS saying payments had reduced as he'd told them he'd made payments in advance. I spent many hours on the phone explaining this to them, and even sent a copy of an email where EXDP confirmed he'd pay half nursery on top of CMS, but CMS wouldn't budge. EXDP is the kind of man who would ring them up shouting the odds, so CMS likely just gave in, as I understood they had discretion.

I even asked the nursery if they would accept 2 direct debits so EXDP could pay they his half directly to them and they refused, saying we had to sort it out between us.

At least when my DC started reception his antics couldn't continue, and the CMS payments are back up to £610 again.

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