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Original poster

CMS

5 replies

Blankscreen · 01/07/2018 20:01

For the last ten years dh has been paying maintenance for DSD through CMS

DSD has now decided he wants to live with us and as of today his mum has agreed.

By coincidence dh has paid this month's maintenance today £700.
Going forward we need to flip the maintenance round so that dsd's mum pays us.

We are now worrying that as we don't get child benefit that we won't be able to make a claim for maintenamce. It doesn't seem.very clear.

Also as dsd is now living with us surely we won't have to pay the maintenance on 1st August too?

Does anyone know?

Thanks a lot

OP posts:
BlahB6 · 02/07/2018 13:28

Inform CMS ASAP. They check who the main day to day carer is by contacting Child Benefit to confirm so it would be best to make a claim. If the RP agrees it should be straightforward but if now it could take some time to resolve.

You won't be able to open a new claim until the current case is closed.

Original poster
Blankscreen · 02/07/2018 15:10

Thank you. I've just called them what an absolute nightmare.

We have to keep paying until the case is closed. She can drag her feet and we have to keep paying £700 a month. We are then left to sort out any overpayments. Yeah because she will pay us back!!

What a fucking joke of a system

OP posts:
Samesituation · 28/07/2018 19:23

Don't pay anymore payments. If everything goes smoothly the case will close from when you told them prior to your next due payment. That is assuming your DH has no arrears because they will still be owed. Let them contact DH regarding his missed payment - if they do tell them his son now lives with him, you informed them on X Date - perhaps send a letter as a follow up to your call or use the self service portal. Tell them to contact mum - she agrees. You do need to get the child benefit payment stopped to the mum rather than it having to be in payment to DH iyswim. You don't HAVE to be in receipt of child benefit to make a claim but it usually helps. A previous post is right a new case against mum can't be opened until gets is closed BUT the date your case is started from MAY be backdated where appropriate.

Samesituation · 28/07/2018 19:24

Forgot to say getting any overpayments back will be almost impossible so just don't pay. They can't enforce it if his child is living with him.

Babyroobs · 28/07/2018 22:08

£700 a month - blimey ! Hope you manage to get it sorted soon.

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