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TOPIC: CMS - not allowing me to claim against my Ex

CMS - not allowing me to claim against my Ex 5 years 3 months ago #58308

  • eric14
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Hi ,

I have paid CSA every week for over 4 years before CSA we did a personal arrangement t until ex thought the CSA would give her more but it ended up less

I have after a long court battle been award residency of my two children (thankfully) very early days but the ex has made it very clear she will not be contributing in any way for the children, her words to me where f'off you wanted them you pay for them not given you a penny you cant make me ...nice

I contacted the new CMS they will not set up a claim saying mother has the right to a personal agreement and she should be given time to sort it out upto 16 weeks !!!
and wont be back dated - really ?

honestly this is so wrong,

She did contact the CSA and close the claim I paid a lump sum to close it as now according to them I pay in arrears but it used to be in advance when setting it up

it can take a long time to get the childrens child allowance I have a court order - mother is not allowed any overnight contact just few hours a week but works part time so it's not a large sum it's more that she has not even sent the children with a pair of socks - the coats on their back I paid for anyway that's how they come to me

I am over joyed to have them but this is niggling me why she is not being chased to take on her responsibly and provide something for her children,

any advise ??

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Started the Court process at the beginning of the year (2014) applied for full residency.

Acting as Litigant in person - Over the Moon
All my children now under one roof forever

Final Order Dec 2014 Full Residency to Father
Last Edit: by eric14.

CMS - not allowing me to claim against my Ex 5 years 3 months ago #58310

  • Mojo
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Did you go through Child Maintenance Options Eric? I would give them a call and tell them that you are being prevented from opening a claim, I'm pretty sure this is wrong! The CMO will give you a unique reference number to contact the CMS with to open a claim.

There's a sticky about appealing/complaining about the service you receive which might be helpful.

www.gov.uk/child-maintenance/complaints-and-appeals

The above link is just the page about complaining but read all of the leaflet, it doesn't say anywhere that you have to give the paying parent 16 weeks to decide whether they want to pay or not. The fact that she has stated to you that she is refusing and will not give you a penny towards the girls should be enough of a reason to start the claim IMO.

Good 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.

CMS - not allowing me to claim against my Ex 5 years 3 months ago #58376

  • actd
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I'm amazed about this as well - I can't see any reason why you should have to wait. I would be inclined to contact your MP to make a complaint about this.

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CMS - not allowing me to claim against my Ex 5 years 3 months ago #58416

Hello Eric14

All parents have the responsibility to provide financially for their children, even if they do not live with them. Child maintenance and contact are not linked in law, therefore, issues with one should not affect the other.

If you still have an open case with the Child Support Agency (CSA) you may wish to contact them directly to discuss your concerns regarding any arrears that you are paying off. You can find their contact details on any letters they have sent you or on Gov.uk at www.gov.uk/child-maintenance .

There are several ways that child maintenance can be arranged, one way is via a family-based arrangement, which is simply an agreement between both parents to decide on who will provide what for a child. Family-based arrangements are not legally enforceable.

There is the option of the Government’s statutory scheme the Child Maintenance Service where they calculate the amount of maintenance payable then leave it between both parents to arrange the payments. Also via the Child Maintenance Service, they can calculate, collect and enforce payments on your behalf. Either parent can make an application to the Child Maintenance Service. There is also the option of a Consent Order/Minute of Agreement, which is an arrangement through the courts.

For information on all the different ways to set up child maintenance and for a more personalised service, you can visit the Child Maintenance Options website at www.cmoptions.org .

The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation .

Regards

William

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This information which Child Maintenance Options has provided is not a substitute for independent professional advice and users should obtain professional advice relevant to their particular circumstances.

Please note: the Child Maintenance Options team cannot answer any questions relating to a specific CSA or Child Maintenance Service case

CMS - not allowing me to claim against my Ex 5 years 2 months ago #59242

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Thanks all for the replies - I have been getting the run around a little and a different story every time I called however finally start of this week I was able to set up a claim with the CMS and have set up a direct pay application I think that's what it's called basically as she refused to pay has not giving a penny I could evidence her messages especially when she said as my worth earns money why should she (the mother ) have to pay
the next thing was I wanted them so I need to pay for them .....funny how when she was claiming X amount from me each week she didn't feel like that

basically I paid £20 to set it up and they give her 10 days to contact in a think their are a few steps they take to try and establish a payment lets see ,

my claim though will only be from last week as the other weeks are lost with trying to negotiate and them saying I needed to give her time to set up a payment

the CSA is closed and I now have the child allowance well no payment but a letter stating it is awarded to me which all helps it's really not about getting her tiny £8 pw contribution it's the principle and the fact she has never ever put her hand in her own pocket for our children and still believes it's not her responsibility

thanks again - will update if I ever get a payment
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Started the Court process at the beginning of the year (2014) applied for full residency.

Acting as Litigant in person - Over the Moon
All my children now under one roof forever

Final Order Dec 2014 Full Residency to Father

CMS - not allowing me to claim against my Ex 5 years 2 months ago #59255

Hi Eric,

Glad you got it sorted in the end.
CMS seem to be about as useful as ever- I would go over all the issues I've had, but it's all the same stories...

As you say, it's the principal of the matter rather than the actual money involved.
Maybe one day they'll finally get their "new" computer system working and be able to provide standardised and consistent answers to questions...

All the best,
BD.

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CMS - not allowing me to claim against my Ex 5 years 2 months ago #59292

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You will get there Eric, of that I am sure.... and lets face it you have already won first prize and her shenanigans should dampen your spirit anymore!

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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.

CMS - not allowing me to claim against my Ex 5 years 2 months ago #59353

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I agree entirely Eric - I pursued my ex for a mere £5 per week from the CSA simply because I think it is right that she should pay (and she tried enough tricks to pay nothing at all), yet originally when my children lived with her, I paid the CSA calculation (and didn't deduct for travel and a step child as I was entitled to do) without any question because I thought it was right that I did so. Amazing how some mothers don't like think that it should be a level playing field.

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