Child Maintenance Payments and vengeful Ex

[mummytippy]

Received the Annual Review and the payments for my DS are to go up... or they were...On looking at the contact, it's based on my DS going EOW for 2 nights...104 nights a year.

In the last 12 months my DS has only been 20 nights and during Covid 19 my Ex hasn't wanted to see DS at all. This imo is cruel, unfair and upsetting.

I contacted the CMS last week, to update them and tonight my Ex has basically called me out saying I've grassed him up and as a consequence this will now 'backfire' on me as he has now told them he is furloughed so I will now receive nothing for DS.

I explained I was updating them and not 'grassing him'!
DS is 14 and eating me out of house and home. I'm currently on SSP off work with anxiety and panic symptoms.

What I can't underatand is he told me earlier in the year he had no money as furloughed... but then when he went back to work in July he was crazy busy. The CMS have it that his salary has increased - hence the increased new payment.

I have the texts telling me not to take DS... Should I send these to the CMS as evidence? Or will it be he doesn't have to pay as furloughed?

If anyone knows and can say I'd appreciate it - TIA

Furlough only affects CMS payments if it takes him below his usual salary by 25% otherwise the payments don't change. If there isn't a court order and you both can't agree on the number of nights they default to 1 night a week. He's trying it on and is highly unoriginal in his tactics. Keep on at the CMS though. The squeaky wheel gets the oil. I've managed to get them to go for an attachment of earnings after my ex stopped paying in March. CMS did no recovery work until recently but I kept politely but firmly pursuing it and in theory should get the first payment at the end of Dec including arrears. My ex is still furloughed and may well be made redundant but the debt stays and as soon as he works again will be picked back up. I won't let it lie as s as an absolute point of principle!

Thanks @frontlegsofacow

I'm sorry to hear your ex stopped paying back in March and you've had to pursue this. I'm glad you've finally got it sorted out and will get the arrears.

I've phoned the CMS and they advised to send the text messages (upload them) and said they won't tolerate abusive behaviour.

They did say as you have, that he will still have to pay something and it is only if there's a change of 25% there would be a change.

I'm now going to crack on with ensuring he does his duty by his child as like you say it truly is a matter of principle.

My ex lied to Cms and told them we had 50/59 to try and get out of paying.
I told them the truth. That he had them 12 nights in the year before. They said he had to have a solicitors letter or court order to prove it or else they will take my word for it x

I don't know why they lie when surely they know they'll get found out!

I have to say though the uploading of files to the portal is not easy
as it'll only allow 5mb each file.

We do have a Court Order on the CMS system. DS is meant to go alternate weekends and 50% of school holidays. He doesn't want DS and as a result he's been 20 nights this year. I told CMS I'm concerned the Court Order will over rule anything I say but they've said to send the 'evidence' of the texts in anyway.

@ItStartedWithAKiss241

Did the CMS want any evidence from you on the 12 nights?

No they didn’t ask for any evidence but we had no court order or solicitors letters.
I guess your situation is different as you are saying the court order is wrong. I would write a very short clear letter explaining that and then attach your proof ie text messages x

I’d send it all in and see what happens. And make sure you have evidence any other time he doesn’t take DS. So even if he tells you verbally send a text confirming what he told you

Thank you for your replies.

I've sent in the texts, evidence of the phone call and copies of my last 4 weeks Payslips as I'm to show I'm only in receipt of SSP.

The CMS has confirmed my case is under review and that they've written to me.