TOPIC: Arrears of maintenance

Re: Maintenance Rules and the CSA 8 months 4 days ago #97464

Hey all new here looking some help. I received a phone call from maintenance and they told me I was in arrears of x amount of pounds. I asked them to tell me when I have missed payments but they are unable to give me such details as its on the old case. Now I got a number for the old case I have rang in total 323 times over the past week noting at all comes from it. Asked the advisor on the phone if there is an email or an address to write to them noting at all. I don't think I have missed any payments and seem to be hitting the brick wall am at my wits end here don't know what to do any more

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Re: Maintenance Rules and the CSA 8 months 3 days ago #97473

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There seem to be an awful lot of mistakes being made during the process of closing and moving cases over from the old CSA system.

It would be a good idea to make a formal complaint, stating that they have not supplied any paperwork to show the breakdown of how they reached the sum of arrears. Confirm that you haven’t missed any payments previously and ask them to look again.

If you don’t get satisfaction, you could ask your MP to get involved.

Best of luck

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Re: Maintenance Rules and the CSA 3 months 1 week ago #100000

Hi , I have a court case Wednesday over a liability order which I have not paid £1500 the csa have never listened too my side of the story now it’s gone too possible jail for 6 weeks I have a contact order we’re I get too see my son , I have him all extra days probably half the week but my contact order states 2 days and nights one week and 1 night the other week but have my son at the drop of the hat and anytime he needs something am first too buy it too his needs I pay for haircuts, school uniforms ,trainers, coats etc I also took her too court when she stopped me seen the baby for 5 months how is it fair , I provide for my son everything at mine and hers but still have too cough up Csa money aswell and now could face jail ????

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Re: Maintenance Rules and the CSA 3 months 1 week ago #100002

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Hi there

I’m sorry to hear that you’re struggling. Most Dads want to provide for their kids and you’re no different, but once a case is opened and child maintenance is paid via CMS/CSA, some paying parents find it a real struggle to provide all of the extras, on top of The CMS amount.

I think you’re going to have to offer to start making payment if you want to try and avoid jail. It might be a good idea to write down a breakdown of your in and outgoings, and perhaps a brief statement in mitigation, the fact that you provide so much more than the CMS amount, that in fact you care for them half of the time, which should really cancel out any requirement for paying child maintenance at all.

It looks like you’ll have to stop covering all of the extras, is your ex aware that this will be the case?

Best of luck

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Last Edit: by Mojo.

Re: Maintenance Rules and the CSA 3 months 1 week ago #100007

hi Alan,

thats very unfortunate. if your seeing your child for a lot more nights than whats written in the court order, then if your wife disputes that, CMS will just default to the terms of the court order. i understand CMS have a complaints procedure/tribunal system, a path you can take if you think their decisions have been wrong and unfair. Look into that. you could give evidence to CMS of your bank statements, showing all payments that have gone to your ex for maintenance.

also stop paying over and above the amounts that CMS ask you to pay. thats only extra hardship for you. You can try contact your local councillor/MP for help.

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Re: Maintenance Rules and the CSA 3 months 6 days ago #100094

Hi

It's worth arguing your case if you are seeing your son 50 percent of the times. Really, you should not be paying child support if that is the case, especially with all the payouts you are making. It's hard dealing with the CSA on your own in my experience - it can drive you barmy - it almost did me.

If you can't deal with this on you own (and I would never do it now as I tried for 6 years and got nowhere), I can recommend someone if I am allowed to on this forum. Let me know.

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Re: Maintenance Rules and the CSA 3 months 5 days ago #100135

CMS are a nightmare and contradict them self. Ask for mandatory reconsideration to be done from the date of the court order, raise a complaint for them not following the procedures outlined by the government, outline a realistic payment plan with them, make a token payment, cms are acting of information fed to them by your childs mother.

If they are taking you to court payments most not of been made for a while?

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Re: Maintenance Rules and the CSA 3 months 4 days ago #100164

Hello
I’m trying to arrange a private agreement between myself and my ex regarding my daughter.
Can you please clarify- will she still be getting a yearly reviews from Child Maintenance? (Scotland) ?

She also wants to sign this agreement only for a year and get it reviewed. Can she go back to Child Maintenance and break our private agreement?

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Re: Maintenance Rules and the CSA 3 months 4 days ago #100165

I’m paying child maintenance calculated on my overtime’s and Sunday’s.
If my overtime’s suddenly stopped can I phone ChM and provide them 3 months payslips- will they adjust the payments?

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Re: Maintenance Rules and the CSA 3 months 3 days ago #100170

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The rules for CM are different in Scotland, has she previously opened a case with the CMS?

Private arrangements can be overridden at any time if either of the parents chooses to open a case with the CMS.

As far as overtime payments... there is a 25% rule, that the CMS will only recalculate payments where there is a drop or rise in income of more than 25%. I don’t know if this would apply to you... sorry I can’t be much help.

All the best

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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Re: Maintenance Rules and the CSA 2 months 5 days ago #100650

I paid maintenance for my daughter from 2000 to 2004 I have now 16 years later received a demand for £1776 with no evidence that I owe this amount. I have asked the now CMS to send me evidence by way of their records so that I can check against my records. Have been told they cannot do this. Is this the case?

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Re: Maintenance Rules and the CSA 2 months 5 days ago #100661

sounds like some of those CMS people smoke weed to cope with big workloads. how can they not give evidence that you have under-paid. ridiculous. are you able to dig up bank statements, proving that you paid whatever was expected of you?

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