Child support

[Blighty0204]

I am the RP but the CMS have threatened me and make me pay child support to the NRP. Is there anything i can do ?

That doesn't make sense is the NRP claiming child lives with them? Do you get CB?

How can they make the RP pay? Does the NRP claim anything for the child/children?

@happinessiseggshaped
Hi, Yes i do receive child benefit. CMS are aware of this and the fact the children live with me... and the fact the NRP has never paid any support ever. The NRP was the RP until 6 years ago for 4 years. LSS They lost residency. The CMS allege that in that period before, I paid 5,000+ instead of 6,000+ in child support for those four years. So they want the rest. My argument is how is that in the children's interest now ? and the NRP has never paid me a penny because they refused to work ?

@SoddingUnicorns
No the NRP doesn't claim anything except from me. I believe this is unjust and the CMS said they have reviewed it with their "panel" and it still stands.

I think you need legal advice OP, and go after arrears owed to you and the children too. Hard.

@SoddingUnicorns
Therein lies my problem. I am a lone working parent and i cannot afford legal expenses, also what arrears ? For as long as the NRP continues to never work they will never accumulate arrears.

I don’t get CM, never have, but I was told he’d built up arrears even when not working. It just wasn’t worth the hassle to try tbh.

Can you contact the CAB and see if they’ve got any ideas re legal advice? Or legal aid if that’s possible?

@SoddingUnicorns
Yes you're right i could pursue CAB. But it's lawful what the CMS are doing.

Legal aid is restricted to abuse cases now the last i understood. Certainly can't get legal aid from the government to use against the government for something they deem lawful.

Oh I didn’t realise that, I’m sorry. It’s appalling that it’s lawful! Especially since you are the RP!

You could request the arrears you owe are offset against what PP owes you. Is his debt more than yours?

@BlahB6
That was the logic i used with them. Their response was "there is nothing to offset it against, the NRP has never worked and so has never been required to pay anything, no debt has accrued" Adding more salt to the wounds i deny the allegation i underpaid, when i asked for proof they just threw some numbers at me over the phone.

How is he supporting himself? Is he on benefit? Do you have evidence of payments you made as a PP?

If there is no debt to offset against and the arrears balance is correct you would be expected to pay but the payments can be negotiated to something affordable for yourself. They will take into account the children are now living with you and that you are not receiving payments from the PP of you negotiate

The NRP is supported financially in another relationship, always is. I do not have 6-10 year old statements of the funds I paid. But they do. They commended me for paying bizaarely. They just disagree i paid right amount. Everything else you said was correct. They asked me what I can pay. When I said I can't afford it they said they will go direct to my employer and take whatever they felt like. This scheme is set up for children. Not the parent. But what I'm witnessing is to the contrary. Taking away from children.

Have you requested an breakdown of the arrears to make sure they have calculated correctly?

Their argument will be that he supported the children financially at that time and the debt owed to him related to maintaining the children's day to day care.

If you believe the arrears are incorrect you can request a breakdown. This can be difficult as they do not have the full records from the CSA. The only information they get is a debt balance.

A friend of mine was chasing them for months for a breakdown and eventually had to go to his MP to complain for them to actually do anything about it.

Correct that is their argument. But that argument is sort of null and void because I have financially supported children continuously since day one. The NRP hasn't. The CSA never brought up any outstanding arrears. It's only the CMS. One child has ASD the other has counselling from abuse caused by the NRP. (Hence NRP lost residency)This isn't British, isn't fair and isn't "for" the children. Sorry, infuriating. I need a pro bono with a heart of gold.

Is Gingerbread (the one parent family charity) still around? They helped me a lot when I was a single mum. Maybe they could help?

I contacted a few organisations. They have all said it's lawful and the government. Those two things make challenging a long, costly and futile exercise. Maybe the MP route. Although from experience with MPs they tend to be more active during election periods. They won't even meet face to face since that MP jo was killed. Let alone bring it up at parliament. All because I choose to work and parent.

Most solicitors offer a free half hour consultation. You could find a solicitor that deals with these things and ask about the free half hour. That way they can at lest tell you if they would be able to help, certain costs and if you could self represent in court but with their help in the background on what to say as it's cheaper x

I have thought about self representation many times. I have done it before and was successful. I only struggled with the paperwork procedures. It all takes up so much time I don't really have. But it's becoming more and more apparent that it's either that or nothing.

OP if you disagree with the arrears they say you owe you need to speak with the CSA and not CMS. CMS are only going off a figure they have been given from CSA. Not helpful to you but that's what happens.

Contact CSA and ask for a full account breakdown of your case. Ask them for which specific period they say you owe money. If no luck make a written formal complaint. Take your complaint to highest level which is the Independent Case Examiner. All info should be on the website. Get your MP involved - a letter to CSA is suffice. It may be worth contacting your bank to see if they can give you old bank statements.

Tell CMS you are challenging the arrears as you believe you have already paid your correct amount of maintenance when you were NRP, offer them £1 a week whilst your dispute is on going. Tell them you will want this back if you are right. Ask them if they have considered the welfare of your children by making you pay maintenance when they are in your full time care and their father pays no maintenance. If CMS still pursue start a complaint with them as well.

Also is there not something about if it is owed more than 6 years ago they can't enforce. You will need to check this out with them.

You don't necessarily need legal advice you just need to know how to address it with CSA/CMS. It can be time consuming and frustrating but if you believe you are right then do it. Unfortunately there is no appeal process regarding arrears.