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Absent Dad and now absent maintenance........... so fed up!

5 replies

doublemint44 · 20/10/2021 16:31

Hi all- has anyone else had issues (probably opening up a huge can of worms here lol) with CMS?
My son (now 10) hasn't seen or heard from his "Dad" since May 2017- basically we used to live in Manchester but my son was approaching school age and I was sick of his Dad not bothering yet my Mum being heartbroken at being 60 miles away from her only Grandchild.
I discussed with my ex wishes to re-locate to benefit our son, better school, a more rural setting, and close to family etc (by this point my ex has a new partner and child, and could go anything between 4 and 10 weeks without arranging to see our son- and it was only when he slotted in to their plans). He was very supportive and said he thought the move was a good idea and would give our son a better and safer environment to grow, and he would be happy to have him for full weekends etc).... for the first 18 months he saw his Dad perhaps 6 times, and the time between visits grew each time, and my son began to say he didn't feel part of the family at his Dads, he didn't enjoy going there as he never felt included etc and he would get upset when going.
The last time he went was Bank Holiday weekend May 2017- and before I had even got home from dropping son off (his Dad would never collect him I always had to drive and meet him halfway)- he was messaging saying our son had been upset and crying and he was "such a Mummy's boy" etc- and after that he never contacted me to arrange to have him again- I didn't contact him due to the fact I knew my son didn't want to go there, and also out of sheer morbid curiosity as to whether his Dad would ask to see his own child- he didn't, and hasn't since. I never get texts to ask how he is, and he hasn't sent a birthday or Christmas card since :(
After the initial non-contact regarding seeing his child he started to mess around with the money he would send, which we had agreed between us originally, but he kept reducing it for various reasons- I think this was his final bit of control and I think he enjoyed me texting him asking where the money was, as a single Mum and as much as I hated to admit it, but I did depend upon that money- so I said I would have to get CMS involved.... which in the end I did- fast forward to July 2020- and numerous reconsideration requests from him, he finally stated he was no longer at his job, and since then I have received a few pounds here and there through CMS collect and pay.

In May this year I discovered he had set up his own Company, has his own website with his mobile number on, their home address is the registered office, he is constantly posting "live" jobs (he is a recruitment consultant), and these are high paying roles he recruits for, circa £80k salaries- I work in recruitment and I know for a permanent role of this salary he could easily be asking for 10 to 12.5% of that salary as his fee - and he has numerous jobs on the website. I have sent the CMS all the evidence I can and STILL they take his word that he has no form of income and is "financially supported by his wife"! Now I am told unless he admits to paying himself a wage, or me sending them the company accounts (which aren't due til Feb 2022) they still don't have sufficient evidence!!??) they state he could have been made redundant from his last job due to COVID and maybe they weren't doing very well so had to let him go- why on Earth would someone who has just been made redundant or left a job because the company was struggling then go ahead and setup on their own doing the exact same thing?!?! Why would someone be advertising these £80k jobs daily offer to do this for free?! How can he pay for the rented office space if he has no income??

Has anyone else had any experience of this and had any success?? I am so frustrated that he can just decide one day to cease all contact and then also to just stop paying a penny! The last payment I received was in February for £6.73- they state as its collect and pay, they cant send me anything if he doesn't send it to them.

Every time I get a glimmer of hope he has to start paying, he asks for it to be reconsidered and it always goes in his favour! Even now they say it looks like he has been in work since 1st September, and he hasn't told them, yet they are still dealing with his last reconsideration from June!?? He was told to pay me £105.00 per week but he states as he wasn't working in June he shouldn't have to pay anything, even though he is now working and has been since September, and hasn't informed them, which he is obliged to do??

Why does the burden of proof continue to fall on me?? Sorry I know I am moaning but I am just so frustrated with it all, I needed some reassurance that it isn't all a big bag of sh!te and it will improve LOL

OP posts:
Needanewadventure2021 · 20/10/2021 21:27

Unfortunately they will always have a way of getting out of it and in my experience the CMS have always favoured my son's piece of dad when he hasn't paid.

When I found out he was working on the side (private work) I gathered all the evidence together to be told they were not allowed to accept it as they arent allowed to go searching for the evidence. Their information has to come from the HMRC for it to be valid so I was encouraged to report it to them. Nothing was done!

May be worth reporting your information to the HMRC and seeing where it goes, however, unfortunately I know of people earning mega money and somehow declare themselves as earning under minimum wage, yet have the most amazing life, home and car etc, and always seem to get away with this lie of not earning enough to pay any tax.

Sadly the information used by CMS is connected to the HMRC. If he has found a loophole to access his money by other means there is very little the CMS can do until the HMRC discover his true income.

TurnUpTurnip · 20/10/2021 21:43

My ex was ordered to pay £7 a week for 4 children, I cancelled it myself as just wasn’t worth it, I’ve given up on ever getting proper maintenance and would rather move on

dcadmam · 20/10/2021 22:08

Is this not grounds to apply for a variation? Google Cms variation and look at the document from gingerbread which explains it.

Heidi1976 · 28/10/2021 09:28

@dcadmam

Is this not grounds to apply for a variation? Google Cms variation and look at the document from gingerbread which explains it.
Agree with this. If he has set up a business he will be claiming dividends (which are classed as unearned income) You can submit a variation to have these taken into consideration when determining the amount he has to pay.
doublemint44 · 07/03/2022 11:46

UPDATE..... sort of...

So I sent all the evidence to the CMS, copies of the Incorporation of the Company, details of the Directors (him and his wife), share capital etc screenshots of the companies website with his home address and mobile number displayed, and "live" jobs posted on his website with the date stamps- they said this was not sufficient..... they asked me to complete a variation- I said I believed he was diverting income to his wife whilst claiming he had no income and was being "financially supported" by her. Not being funny, I have met this woman and there is NO way on Earth she would let him sit on his arse for 18 months, not working whilst she worked full time and paid all the bills- there is no chance.
Next I get a letter stating he has to start paying me £455 a month (based on last known income and almost £5k of arrears)- as predicted he asks for a reconsideration, and this time its NOT upheld! This is the first time they have rejected this- apparently a DOE was sent to his employer in November, which has never been enforced (well if they sent it to his company he isn't likely to enforce it against himself??)
First payment was due in January- shocker I didn't receive a penny, same for February and March- every single time I speak to them I get "oh my goodness I will get this escalated, I have sent this to your caseworker/floorwalker etc we need to look at other ways to enforce this"...... I literally feel like I am going round and round in circles!! Now he has advised them of a change in circumstances, which I am not yet privy to- but I know he will be pleading poverty AGAIN- and his company website seems to be down..... I'm wondering if he is going to go down the route of liquidating it..... not sure where I would stand in this instance.

Just so fed up of it, and some people have said "give it up you wont get a penny" but why should he get away with shirking ALL responsibility for his son, when he still lives with and provides for his subsequent child- why should my son miss out just because his Dad is a lying toad.....

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