Child Maintenance Service users - step this way please! MNHQ here

[RowanMumsnet]

Hello

As a part of our campaign with Gingerbread and the Good Law Project to Fix the CMS, we wanted to flag up that the National Audit Office is asking CMS users to fill in this consultation about their experiences.

The NAO is conducting a 'value for money' review of the CMS to find out whether it's meeting its objectives and providing good service, so please do fill in the consultation if you're a CMS user.

[POST EDITED BY MNHQ TO ADD: The NAO has been in touch with the following:

"Thank you also to those who have pointed out that the options we have provided for parents to explain their involvement with the Child Maintenance Service are not clear. Please accept our apologies. In particular, people have pointed out that respondents cannot identify as being entitled to child maintenance but not receiving it, or identify as a parent who is obliged to pay child maintenance but isn’t."

"If you should be receiving child maintenance but are not, please select the option of being ‘A person with main care responsibilities (receiving child maintenance)’. You will be able to tell us later in the survey that you are not receiving the maintenance you are entitled to."

"If you are a parent who is supposed to be paying child maintenance but are not, please select the option of being ‘A person without main care responsibilities (paying child maintenance)’. You will be able to tell us later in the consultation that you are not paying the child maintenance you owe."

"We will also read and use contributions from parents that have already used the “other” category."

"We can’t make changes to the consultation itself, because that would make it difficult to interpret the results we have collected so far. However, we have added additional help text to the survey to make it clearer."]

In addition, Gingerbread have asked whether any CMS users have recent experience of the CMS writing off large sums owed by non-resident parents. If that's happened to you in the last few months we'd like to hear about it.

Thanks
MNHQ

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@WhatWouldPhyllisCraneDo

I can't complete the survey as I'm a resident parent who is not receiving payment. Which wasn't an option.

We've asked Gingerbread to flag this with the NAO as it does seem a bit ridiculous (possibly just a mistake in the survey design) - we'll let you know if we hear anything back

It’s quite disturbing how little understanding the makers of this survey are that they have omitted one of THE main groups impacted

@3peassuit

My daughter receives nothing for her child. Her ex is not working or in receipt of benefits so no payment is due. He does live in a very expensive part of London, has a new car and pre pandemic 2 holidays a year. How are NRPs allowed to get away with this?

How on earth does he afford this without an income or benefits?

I've filled it in. NRP contacted the CMS to claw back child maintenance for son who dropped out of college. He has mental health issues and was due to be assessed for autism before his father blocked it. My income didn't change, DS was stuck in his room for 18 months playing video game and giving me a terrible time (social worker assigned) and was certainly not earning.

The CMS allows him to do this, even though it's left my children in poverty while the money is clawed back, and reduced circumstances going forward. 'Them's the rules' and they're applied with a sledgehammer.

When my ex wasn’t working or claiming benefits (he managed to not for 3 years) cms told me they wouldn’t do anything because he “could be living off a partner”

Sometimesfraught82. In this case, it’s multimillionaire parents who pay for his lifestyle. As he has no income to declare, he pays nothing.

@3peassuit

Sometimesfraught82. In this case, it’s multimillionaire parents who pay for his lifestyle. As he has no income to declare, he pays nothing.

It’s morally wrong But in this circumstance really nothing any gov body could do as not actually doing anything wrong

Many self employed NRP also under declare income. Perhaps post covid HMRC will insist on seeing proof of income ie bank statements. I’m not sure how else they’d be able to verify it otherwise. And I say this as someone who is legitimately self employed.

But in our case his lifestyle doesn’t correlate to the amount of earnings he’s declaring but he also has millions in assets, so can afford to not work if he doesn’t want to.

I applied, and up until now nothing has been sorted out, as they say that because they can't find my ex, as in the address he lives at is not registered with things that they can then say yes he definantly lives there, they said the case will be put on hold for 6 months. But my ex still gives me money, so I guess it's not all bad! I did wonder however, if they had been able to find him to immediately, just how good the service was going to be!

I'm admin on a campaigning Facebook page. The stories are horrific. I will share a link there. Something has to be done. This ineffective system that is failing our children has to be overhauled and fast. This is particularly pertinent for the self employed who appear to use every loophole going to avoid their responsibilities.

I got a delightful letter from the CMS a week or so ago advising that they were writing off the £11k arrears that my ex partner owes for my 15 year old daughter. I can't help but feel that if he owed £11k to the taxman that they'd be a little more interested in him paying it back. Thus far he's had no punishment despite numerous deduction of earnings orders and 2 separate Liability Orders.

CMS are useless
Mine are too old now bit my ex is self employed ltd company.
Apparently learnt less than 7 pounds a week so a nill assessment
I need tips from him as he managed to run a house and 3 cars on that.
I raised this they ignored it
Just looked an companies house £30k of divenends for one of the years I got nothing. How is that fair??

We should be able to back claim it off him I had to cover this shortfall

My ex is self employed, declares next to nothing and proudly tells me he puts his earnings through his girlfriends bank. They wiped 5k arrears after I agreed to a tiny private payment as I was absolutely on my arse and needed every penny. CMS promised they would keep the arrears account open separately. I had several conversations with different people. All assured me arrears would still be chased. A few weeks later I get a letter saying arrears are wiped as he will eventually pay off the arrears with that private payment (in several years time) and there is no option to appeal this decision!

What annoys me about the child maintenance service is that my x pays the bare minimum for his two children with me, it's frustrating as he is self employed and has a safe full of cash. What's even more annoying is that he has moved in with his girlfriend who has her own two children (not his) and she gets close to £1000 per month from her x, yet because my x has moved in with her it has reduced the payment to his own children as he is apparently now supporting them also!! I get £87 per month!! How is that fair!

My recommendation was that no NRP should be allowed to just not work. Like single RPs aren't allowed to not work once their children reach 3. They are made to look for work. So it should be like it is in America. If you are well and can work, you should be made to work and pay child support.

Or perhaps if the NRPs partner is willing to support the NRP not to work, then that's where the NRPs partner can pay the child support. Bet the NRP will soon get a job if that's the case.

Echoing what others have said. It’s a bloody mess.

I have a divorce financial consent court order

If my ex doesn’t adhere with the terms, it’s punishable by fine or prison.

I don’t use the CMS. I don’t need it anyway as he pays. But even if he didn’t - I’d have the courts on my side

@Sometimesfraught82 please can you let me know how you did this? I'm just going through a financial court order. I'm at the filling income form stage x

[quote Mumof3almost4]@Sometimesfraught82 please can you let me know how you did this? I'm just going through a financial court order. I'm at the filling income form stage x[/quote]
Divorce.

Financial consent order.
It can only be signed off by a judge as being reasonable and fair to both parties.

If either waiver, goes back to court, and punishable by fine or prison.

I don’t understand why any divorcing RP doesn’t do

It was done through 3x divorce mediation sessions.

Because we are amicable. Saved us a fortune in legal bills.

If not amicable, your lawyers negotiate in your behalf.

@Sometimesfraught82 Ha! If only the courts were supportive...weeks before our final hearing ex conveniently gets sacked. He’d been earning a substantial six figure sum the last 10 years within the marriage therefore you’d assume he’d be very capable of doing the same again. District judge refuses to order maintenance, on the basis he has no means to pay, a month later he manages to secure another big contract. I’m thankful that we don’t “need” his contribution but its the principle that grates.

The above make sense if your ex is actually on a half decent salary. As if judge seems it not fair given his low income - then it won’t be signed off

[quote SpaceRaiders]@Sometimesfraught82 Ha! If only the courts were supportive...weeks before our final hearing ex conveniently gets sacked. He’d been earning a substantial six figure sum the last 10 years within the marriage therefore you’d assume he’d be very capable of doing the same again. District judge refuses to order maintenance, on the basis he has no means to pay, a month later he manages to secure another big contract. I’m thankful that we don’t “need” his contribution but its the principle that grates.[/quote]
A month later?

So has the divorce been finalised in that month?

Very odd

My consent order states covers this scenario.
If loses his job - then no funds to pay. Fair enough.
As soon as he reverts to employment, the percentages as agreed still apply.

You had a shite lawyer. That’s just basic stuff

Gave them my view. Nothing positive to say at all. I agree with comments about wishing I could choose not to pay income tax and NI contributions.
It's just missed me off thinking about it as I am non contact with ex h.