CMS nonsense...help please

[nodeerinere]

Hi all,

Just after some pointers really as everything on Google etc is all about this from the woman's perspective and I am trying to get my head around it.

My partner was awarded 50:50 of his children. It states in the court order that they have two homes. His ex has told CMS that he doesn't share the day to day care and therefore they are pursing him for continued child maintenance. He was asked to provide proof of various things, which he duly did. They rejected the dispute.

He is going to have to take it to tribunal (which in itself is ridiculous - ie ex said he wasn't a contact on GP/school/dentist and he provided evidence to the contrary! He pays for half of their extra curricular clubs - did this even when paying child maintenance!)

He's now been contacted, as he stopped payments when awarded 50:50, and then was in dispute, that she had reported him for non payments and he now has to pay to avoid it being taken from his salary - despite being in dispute and taking it to tribunal.

He's never going to see that money again?! I have zero doubt that he will win the tribunal because his ex has just lied and lied and he has proof to the contrary (that the cms can't possibly consider). Does anyone know what he would then do about the almost 1k he paid her unnecessarily?

I get it - I have an ex who is USELESS and this system would protect me if I needed it but my god, it penalises men who are actually good...

It's so frustrating. This has just been a bit of a rant really but anyone with any tips - would be so appreciated!

Thanks :)

Tell him to go for 100% care. She will most likely back off.

There's been multiple phone calls over the last couple of months.

They requested he submit a load of evidence to show he shares daily care, which he duly did. However they then rejected the appeal due to her receiving child benefit (what was the point in submitting evidence in the first place) and said that only going to tribunal will be able to overturn it...

In the meantime he has to pay her......otherwise it will be taken from his salary....

Has he tried speaking to gingerbread? They have advisors and a live chat

www.gingerbread.org.uk/find-information/money/child-maintenance/

He claims CB for one child (the youngest) then just repays the tax on it!

She will dispute it but as he already collated the evidence for CMS he may as well.

Thank you, last two posters, helpful stuff there :)

You don’t actually have to take the money when you claim it - you can do it for the state pension protection. Normally would be a SAHP that would do so, but there’s nothing to stop anyone else as far as I’m aware.

So @nodeerinere your DH could claim it, opt out of the actual payments, but get proof of entitlement and not need to bother with the tax return.

Just to add. Ex claimed child benefit. Still does. Didn't impact decision at tribunal was focused on how the care was. Like yours ours was true 50/50. CMS just won't budge in my opinion.

How very unpleasant you are.

Child maintenance is there so the child can live the same quality of life in each household.

Clearly it's not (thank goodness). Otherwise a stepparent's income would be take into account.

Child maintenance is there so the child can live the same quality of life in each household. He will need to pay.

Thankfully this is not the case, there's no way DSS could have had the same quality of life in both households unless we'd bought his mother a nicer house and paid for her to live in it! Alternatively, I could have stopped work ......

Claim the child benefit even if he doesn’t get the payment?

Yes he's now out a claim in for child benefit but it all takes time and in the meantime, he has to pay her maintenance.

I have 50/50
Still get child maintenance
CMS calculator states I'm entitled to it. We agreed on an amount less than the calculation
Don't know why people constantly say 50/50 categorically means no maintenance, it doesn't in all cases

I appreciate it's different in each case.

If my ex was awarded 50:50 then I'm glad the system would protect me.

It is. For me there was a very large income disparity, and because I get that maintenance I do pay for big expenses like school trips myself
Only seems fair