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Parenting

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CMS help please!

9 replies

Bizziee · 01/11/2021 07:55

So I was due my first CMS payment yesterday and of course, ex hasn't paid. I went to report it but I have to wait 5 days!? Is this really right? I've tried speaking to the ex but I just get the same rubbish. He isn't paying until I start giving him access to our son. I stopped contact last month after he was threatening to take him out of the country without my permission and refused to give me any information on where he planned to take him. My son is 2 by the way and has never been out of the country. I've been advised that until I have gone through mediation and then a court order that I'm within my rights to keep my son. Especially since I've received death threats and other threats that he's going to turn up at my address and take my son. He's telling me that he has appealed against CMS and wont pay a penny until he starts getting access again. My question is, can he really do that?

OP posts:
TurnUpTurnip · 01/11/2021 08:46

Ask for collect and pay instead? Where they take the money straight off him and pay it to you rather than him being expected to pay it to you.

Bizziee · 01/11/2021 09:02

Ooh ok thank you! I'll try and change it. Not messing about like this anymore

OP posts:
TurnUpTurnip · 01/11/2021 09:07

Mine was straight on collect and pay it was never direct pay because my ex ignored all communication from them, works out better as it takes away the control.

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Bizziee · 01/11/2021 09:12

Yeah I just didn't think it would be too much of an issue since I was told that any missed payments get reported and they then take it for me. But having to wait 5 days to report it Confused Grr

OP posts:
Theunamedcat · 01/11/2021 09:16

Child maintenance is seperate to child access

Report any and all threats to the police especially the death threats

Mediation is not reccomended if there are threats of violence etc

Bizziee · 01/11/2021 10:28

@Theunamedcat I have reported everything to the police quite a few times now, threats and harassment.

I was advised by my solicitor to go down mediation and was told that I wouldn't be able to go to court until mediation had been done.

Because maintenance and access are separate though, does that mean that he cannot appeal against it? That was always my understanding but I'm new to CMS

OP posts:
Theunamedcat · 01/11/2021 10:41

No he can't tell cms "she won't let me see the kid therfore I'm not paying" I mean he can try but the child's right to be financially supported trumps his feelings on the subject

Bizziee · 01/11/2021 11:19

Awesome!!! I thought that was the case but wasn't 100% so thank you for clearing that up Smile

OP posts:
Sge995 · 25/07/2023 15:14

Collect & pay never worked for me 😂

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