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Child maintenance service

10 replies

Riley2013 · 24/06/2019 06:25

Hello I’m new to this but wanted some up to date answers.
Me and my child’s father use child maintenance service (CMS) for him to send payments. We are currently on a direct pay arrangement as other arrangements have not worked in the past. He is due to pay a certain amount each month which is directed by CMS. This month however he has paid a very low amount as he believes because he has overpaid in previous months he has taken back what he is owed.
On previous months I have not questioned the payments as I believed he was doing so to clear his arrears I also did not contact CMS and tell them of these overpayments for that reason also. But now he is saying he has every right to pay the amount he did due to previous months of overpaying.
I have contacted CMS awaiting a response. But am I being in the wrong for asking him to pay the correct amount this month even though previous months he has over paid knowing he has arrears and I did not tell him to pay this amount and he took it upon himself to do so?

Please help? I’m confused and don’t want to be in the wrong. Thank you x

OP posts:
SuperLoudPoppingAction · 24/06/2019 06:27

My understanding is that cms set the absolute minimum but if he wants to pay more he can.
So I wouldn't have flagged a higher payment.
But I would certainly flag one below the minimum.

Riley2013 · 24/06/2019 06:29

Thank you for replying. Yes I believed that also and have told them I’m just waiting to hear back from them.

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JourneyToThePlacentaOfTheEarth · 24/06/2019 06:30

There should be a payment schedule, that's what he should stick to. If you've emailed cms that will take too long for a response. Ring them immediately and get clarity on the payment schedule

Riley2013 · 24/06/2019 06:31

Yes we have a schedule and he has gone above it in the past months and this month has decided to take it back leaving me short. I am concerned because I don’t know if he is right in doing so and should I have told CMS about the previous overpaying instead of now questioning the under payment?

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SuperLoudPoppingAction · 24/06/2019 06:54

All the correspondence I have from them talks about telling them if ex doesn't pay. Eg after 7 days let them know.
Nothing about 'if he decides to pay more than the bare minimum tell us at once'.
Ideally no non-resident parent would pay the bare minimum.

I'm wondering if what your ex has said has rattled you.
I don't think you've done anything wrong here.
Does he often say things that rattle you?

You could refuse to discuss this with him and ask him to deal with things through cms, surely, so he can't worry you like this.

Riley2013 · 24/06/2019 07:39

He has often does things his own way and thinks he is right. I always go to CMS to make sure I am correct in what I am saying and get them to contact him and tell him so, as we have no contact and I think coming from them he will believe them over me which is fine by me.
He’s constantly rattling me since the birth of my son & I think he gets a thrill at it he just laughs it off cos he believes he’s in the right. I just want to make sure that I’m not in the wrong for asking for the correct amount whether he paid more last few months or not. Thank u for responding Smile

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BlahB6 · 26/06/2019 09:34

I think that's what CMS would tell him to do as he's supposed to stick to the schedule. I had an over payment from xh and they wouldn't adjust the account as it was a direct pay agreement. They said we were to work it out between ourselves.

Riley2013 · 26/06/2019 10:20

Yes I’ve spoke with them and that what they’ve said but me and my ex don’t have communication like that so I’ve told him he has up until the 30th of this month and then I’m changing the payment plan back to collect and pay they way he can’t dictate and rules

OP posts:
BlahB6 · 26/06/2019 18:57

They won't change it if he hasn't underpaid.

Riley2013 · 26/06/2019 19:36

They said he has up to the 30th to make payment cos he has arrears which the overpayments have gone too

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