Child Maintenance Service- What do they ACTUALLY do???

[missmatch23]

I've sat on the phone today for nearly 2 hours, seeking support regarding my ex, who hadn't paid maintenance for years. I asked the man on the phone how I go about pursuing an investigation, as he works but I receive no payments, and apparently am only due £32 since august. He said to raise it and provide proof of me knowing he's working. He said he couldn't look into that. When I asked him if he knew how much I should receive, he said he couldn't check that. I also told him I couldn't log an in person view as proof, was he able to log it, he said no. Wasn't able to check any information on my ex, wasn't able to do anything really, apart from update my phone number. He told me if I suspect he's working as self employed, I should just report him to HMRC for tax fraud. What is the point in the service??

I agree! My ex hides his earnings through his Ltd company. He lives the lifestyle of a very wealthy person. CM want proof of his earnings and all different kinds of information. How the hell am I supposed to prove that?? Isn't that their job???

It's ridiculous. They sent me an annual review letter saying he was now earning X amount and so my payments should be Y but despite having attachment on earnings he's not paying. I called them and asked what they intended to do about it and the person on phone said they could take it direct from his bank account or revoke his passport etc . I did laugh - have NEVER heard of child maintenance taking any action like that whatsoever. They are totally useless

Has anyone seen the news about them and what that might mean for those that don’t pay? My ex hasn’t paid in 6 years I was just about to close the case but this looks like there might be some hope?

https://www.gov.uk/government/news/government-launches-new-crackdown-on-parents-who-refuse-to-pay-child-maintenance?fbclid=IwAR35O_WweYEjvh5JKKI9iuPPIauH7Y7ARIPA-pTb9FE5vESrZkUs03Xapi4

They are completely and utterly useless. My ex gave false figures of his earnings (less than half). I provided them with his bank statements and pay slips to prove he's lying. 5 months later they still haven't updated it and he's still paying a pittance. They just say it takes time. He will only have to pay back the arrears (almost 2k and counting) at maybe £100 a month max spread over years 🙄🙄

I'm sad to see I'm not alone. My question is still unanswered though, what are they actually there for? Am I supposed to break into his house to gain proof, or stalk him for pictures?! I spoke to someone about 5 years ago, who was able to at least tell me he updates his details every year as self employed, never updating earnings and hasn't done so since our son was born in 2016. Yet today, they couldn't even see if he was in employment. The man was like "and how do you know he's working? Do you have proof of this? Can you actually prove this?" I thought bloody hell sunshine calm down, you're getting uppity with the wrong parent, who actually cares and provides for their child, along with doing a job I do to purposely work around our child. I'm not the one dodging anything and spends hundreds of pounds on coats to go hiking in. Honestly, why are they there. I rang again and they cut me off, after being on hold for nearly an hour again. Awful.

Well they are not there to investigate that’s for sure, I told them what my ex was doing but they didn’t want to know. Said they won’t investigate because he COULD be living off a partner (he isn’t)

As a Dad they are also useless. My ex took me through CMS as she thought I may be hiding salary - I wasn’t. Fine with me. I submitted my salary to them and then got a new job with a much higher salary. Submitted my new contract and that change was rejected then advised to resubmit so I did. In the meantime advised don’t increase your payments as CMS won’t take that you’ve overpaid into account so in the meantime I’m earning a lot more; paying less and cms have got it wrong 2/3 times so far

It would be so easy to close loopholes.
For example if someone tells CMS that they earn £150pw then that's the figure that mortgage companies or loan providers should see when they credit check.

The last date they had information for was April 2016. He's changed jobs over 20 times since then. I don't want any ridiculous amount, just enough to keep my LO in his chosen clubs now the prices have gone up. So I'm to report him to the tax man, and then what????

I think that in OP's case, the government should pay then pursue the NRP for payment. They have the infrastructure to investigate non-payment of VAT, income tax and benefit fraud- non payment on CM should be treated equally seriously.

I'm new to this, but the woman I spoke to over the phone said they can check with hmrc how much he earns. They did ask me how much her earns and I was honest and said I have no idea. Anything I say would be a lie as I dont have that information. She was very reassuring and said since he is a salaried worker it is much more simpler and they can get the information themselves.

Ex was the person who called them first because he got tried of me telling his family what he is doing. Lol, no he got angry I didn't go to multiple shops barging hurnting uniform for three dc.
He wanted change from the £200 he gave me. Despite me asking him, not to give me money. I rather he gave me uniform to give the boys. I told his dsis this, when she asked me how much her brother gave me. I said £200 since May and how he required a receipt and how angry he got when I didn't give him change and instead overspent. Youngest needed a complete new set of uniform. Older one had a growth spurt and need new clothes. Middle son needed new shoes and a bag (ex left ds2 bag and coat in a bus and it is now lost ex hadn't brought a replacement).

Ex had at first asked them to take it out of his payslip so he didn't need to think about it and make life simpler. Like paying tax. A third woman called me and asked me and him separately if we would both be happy with direct pay. It would be cheaper for him and protect his credit rating.
I said OK, I'm all for giving him a chance to pay directly. However, I asked them what would need to happen if he didn't pay? She said they will take it from his payslip or bank account then. They will prevent him from getting a passport and driving licence.

Exactly.

Makes no sense that my ex can be impoverished in CMS eyes yet able to get a big car loan and a hefty mortgage

That headline is just a govt consultation so we won't see an improvement any time soon. One of my biggest bugbears is that they removed the ability to message them or direct chat. You have to phone and wait over an hour to speak to someone, who may or may not help.

I’ve finally got to tribunal after fighting for a while with no luck. The courts have ordered my ex to provide evidence of his bank statements, wage slips, savings, tennancy agreements. Anything that involves finances they’ve ordered him to provide evidence of. He claimed he earns a loss of -£28k a year but gets wages dropping into his account each week, so I’m hoping he gets caught out. He So hopefully if you manage to go tribunal your ex will be requested to do so also?

but regarding evidence that I provided previously, they didn’t even care nor take it into consideration even if you did have it. I provided his bank statements and tax returns that I had from prior to our breakup.They said the evidence did not matter. They really make it up as they go along.

They are also useless from a NRP point of view. There's clearly no consistency and blatant bending of the rules given many of you are being asked for invoices and payslip information in order to get a FIU investigation opened. Whereas my husbands ex, on the breakdown of her last relationship and loss of that second income wasn't asked for any of this. She merely phoned up and told them some lies - no evidence whatsoever required from her (freedom of info request has shown this). Huge amounts requested based on false info and 3 years of appeal and tribunal processes to get this overturned. Husband has been paid compensation by the CMS after them reviewing this. What's scary is that men clearly evading their responsibilities the CMS won't chase or do anything about. Men like my husband who do support their child they appear to be willing to support false claims in the hope of meeting their targets. They aren't fit for purpose and in my view cause problems between Co parents due to being in our case dodgy and in others as much use as a chocolate teapot.

I have been through this process with the CMS and was successful.
Firstly, you need to perform your own investigation, utilising companies house, Facebook and land and property titles (there is a small charge for this). You essentially have to justify why you believe their declarations are inconsistent with lifestyle.

Once you have this information, collate it in a document and give a descriptive and clear explanation of what you have found.

Then you can apply for a variation:
assets
notional
diversion of income.

The paying parent will then be asked to produce evidence of their earnings. If they refuse or evidence is weak or you disagree, you can request referral to FIU.

The FIU have have greater powers than the Child Maintenance agency. They are linked to the HMRC and the department of work and pensions. This allows them to obtain financial information which would otherwise be unavailable to the CMS. Evidence includes bank statements accounts searches for land and property they utilise a powerful finance accounting software which examines payments in an out of bank accounts.

Can you go on companies house and look at his accounts?

In my opinion the FIU abuse their power and I would be hesitant to involve them. They pursued my husband for ridiculous amounts based on 'diversion of income'. Their tactics are aggressive and unlawful. Threats of bailiff actions. To cut a long story short at tribunal level there 'investigation' and amount due assessment was overturned. Both FIU investigators are no longer with the CMS seemingly to allow them to decline the complain lodged. They knew fully what they were pursuing was baseless but they edge their bets to meet performance targets and ruin families in the process. By all means chase what is due to you but be very careful of any promises made by the FIU.

@missmatch23 CMS won't do the work for you. Each year you will get an annual review. You can challenge this and apply for "a mandatory reconsideration of his earnings". Failing this (which is likely) they direct you to the GOV website and you end up going through the courts. It does take forever.... but so far I'm awaiting a court date and surprise surprise exs earning have shot right up! How funny?!

I've had a letter to say my request for collect and pay has been denied. I rang to query this and they said it's because they can't find proof of his earnings, despite him declaring how much he earned last year. I even told them where he was working, as I've seen him there. He owes our son thousands in backdated payments.

Just another thing to check is LinkedIn. If guys are working or looking for employment they may have an account. I'm currently still waiting for payments as after 4 years of nil payments its come to light he's worked 3 years and not told CMS. Im waiting on the current amount he should be paying that was 2 months ago. But he has a long list of employers on his LinkedIn account.

I filed for a mandatory and it came back the same day dismissed. A year later I rang them about my case and I queried why it was dismissed and was told I'm not sure why but it shouldn't have been. It's a nightmare having to prove someone is working.