I recently posted about the CMS and how it collates evidence that a child is in further full time education e.g. after the age of 16. It appears the CMS take "the word" of the parent "the receiver of maintenance" whom the child lives with and they do not have to provide any supporting evidence to verify the child is in further education. In this world where you have to prove everything with supporting documentation, why does this not apply to the CMS?
So for me to dispute this situation, bearing in mind my child and her mother have been estranged from me for 6 years with no contact as requested from their side, I have no way of providing evidence to the CMS if my daughter is in further education or not. They have the audacity in their letter to request I provide them with the evidence my daughter is not in further education, but they should also be asking the mother the same, which seems they only accept "her word". So I could be paying maintenance unnecessarily? Surely this is discrimination on the part of the CMS to the paying parent? This seems grossly negligent on the part of the CMS. Is anyone else in a similar situation to me?
unfortunately that seems to be the way CMS operate. i can tell them that kids spend 4 nights a month with me. if there is no court order to prove this, the ex can just lie and CMS will take her word for it. if your ex does not co-operate then you have to somehow get official confirmation about your childs education status.
Unfortunately, I think it's a matter of lack of manpower to do any investigation by CMS, so they have to take someone's word. What they should have it something along the lines of the DNA tests, where the NRP pays for the investigation, and if it proves that the PWC is lying, then the cost of the investigation is refunded, and CMS can then try to recover the cost from PWC - that might cut down on the false claims.
If you read some of my previous posts you will see I had a similar issue. I managed to prove my son was out of education and force my case to a tribunal. I was confident I would get a result but even with evidence etc the tribunal went against me. I’ve appealed to the upper tier tribunal and am waiting on that going through. It’s taken me a year to get to this point and I have no idea how much longer it will take to resolve if at all. In the meantime I have paid out thousands even though I know for a fact I don’t owe the money. If I don’t pay they will take it directly plus charge me an extra 20% so they have me by the balls.
I would like to be able to tell you that this will be resolved fairly but the truth is that the whole system is against you on this i’m afraid.
Also - If you are in England then kids need to stay in full time education or training until they are 18. The likelihood is that you will have to pay until at least then.
The more I look into this I have established some disturbing facts.
If a parent is claiming Child Benefit whilst a child is over 16 and in "further education of more than 12 hours and an approved qualification" that parents does not have to prove to the Child Benefit or the CMS that the child is attending further education. The Child Benefit and CMS will accept the parent's "word" though in some cases they occasionally do "random " checks, though I have been reliably informed due to poor staffing they rarely do the checks.
So there is clearly a big GREY AREA here and if the parent where the child gives incorrect information, they could be claiming off the other parent fraudulently and fraudulently claiming benefits.
well we need to stop the liars and start a campaign for the CMS to act without discriminating to the other parent and for their process to include a parent submits sufficient evidence to make a full claim, the fact they accept the "word" of someone is absolutely ridiculous.
I find this absolutely disgraceful. This is on the verge of unlawful. The law has to be fair to both parents. Would you be able to take the tribunals decision to a higher court? Are you being represented by a solicitor? I do though dispute your claim that kids in England must stay in full time education till they are 18, not sure where I have seen this in black and white?
yes this is very unfair. but i cant help but notice that there are some dads out there who have just not bothered to make an effort to keep in contact with their children. they broke up with ex, and have gone years without seeing the kids as if they don't give a dam. if they did keep in touch with the kids and see them regularly, kids would be on good terms with them.then they would know so easily, whether the kids are studying or not.