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[Solved] Appealing CSA Decisions

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 Mojo
(@Mojo)
Illustrious Member Registered

Bill...

As it stands at the moment, you don’t fulfil the criteria of 52 nights per year, to qualify for the 1/7th reduction. Even if you added the holiday time, it would still not be enough.

Once you have the final order for progressed contact of a full weekend every fortnight, you will qualify and can send a copy of the order to the CMS as proof of the change.

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Posted : 27/05/2019 3:54 pm
Bill337 and Bill337 reacted
(@bill337)
Illustrious Member

thanks mojo. I rang CMS and they told me to go online, and upload a scan of court order, and they will look what it specifically states about overnight stays. and re-calculate my payments.

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Posted : 28/05/2019 6:54 pm
(@Cornerstone)
New Member Registered

In May of this year the CMS reviewed my annual contribution downwards from £267 to £127 pcm even though my circumstances had not changed. I duely paid via standing order. My X partner (not wife) complained and now they want me to pay £607 arrears and pay £367 pcm!! This seems madness, that their incompetence and my X's love of money can again impact on my life!! I have a child arrangement order from the court that my X has totally disregarded, so much so that I haven't been able to see my daughter for nearly a year!! Once another case of a travesty of justice for fathers.

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Posted : 27/08/2019 12:12 pm
(@eddie78)
New Member Registered

Hi new here,

I am having a real hard time with the CSA and now its to the point I cannot afford to work and seriously considering given up work as I will be better of.

I have 2 children with my ex wife, she got everything she asked for house etc.. CSA payments where I thought where sensible and fair, last couple of years I had been working lots of overtime trying to make a better life and get out of the rented house,

Last year they calculated I had to pay £976 a month which was affordable as I was working 70 hours aweek (35 hours overtime)

this year unfortunately work has taken a big down turn and next to no overtime my monthly gross wage is £2300 and they are taking nearly £1k a month and by the time I pay rent electric gas etc... I am in the negative and they reviewed my case still want £917 a month, oh and then to kick me in nuts say I owe them 2600,

How is this fair I have worked my socks of 7 days a week trying to make a better life supporting my partener who does not work and her son, and what for to be skint,

If I pack my job in I will be better of

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Posted : 27/08/2019 9:38 pm
(@bill337)
Illustrious Member

hi eddie,

whatever you do dont quit your job if you ever plan on getting into work again. e.g. if you take a year off work, then return to work, CMS will make you do back-dated payments for 1 year! no kidding.

i am shocked to now read that some dads are working extra hours to make CMS payments! the more you work, the more you pay. you should look at going self-employed.

if you became perm unemployed and on benefits, CMS will expect you to pay £7 a week. but that is no way to live man.

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Posted : 28/08/2019 12:21 am
(@FishHead1)
Active Member Registered

I am in a similar position. My kids live 100 miles away so I can not afford to drive to get them. My divorce package was set up as 50:50 with a large pay out to the X when all was done she said she was moving away and I can’t have the kids 50:50. She wanted me to commit to things I couldn’t sue to work so said if I don’t do what she says I don’t see the kids at all and that she wanted maintenance. I haven’t seen my kids for a year and pay full child maintenance it’s like paying not to see your kids. I’m looking into if there is anything that can be done. I’m struggling to pay bills and have a life let alone have happy time with my kids.

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Posted : 13/09/2019 8:24 pm
(@bill337)
Illustrious Member

hi fishhead,

sorry to hear that. sounds like it be will be back to court again if you want a sensible arrangement for seeings kids. dont know if this is doable for you.

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Posted : 15/09/2019 11:21 pm
FishHead1 and FishHead1 reacted
 actd
(@actd)
Illustrious Member

My ex did the same - the divorce was all settled, and I'd calculated on the basis of her living locally, and immediately she announced she was moving 200 miles away - I had to arrange to drive up every 2 weeks for the day to see them, which I did for 2 years, until I took my kids away from her (another story). You can get a maintenance reduction for driving to see them, but it's not much I'm afraid. I would certainly try to get some sort of arrangement for school holidays, but I'm afraid that wouldn't affect your child maintenance payments.

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Topic starter Posted : 16/09/2019 4:33 pm
FishHead1 and FishHead1 reacted
(@FishHead1)
Active Member Registered

I know. Ive put myself through [censored] thinking if there is anything I can do and there’s not but the look of. Now she is playing on my mental health as I am upset all the time about my situation with my children. I have asked for her to reduce the payments so I can at least have them once a month and be able to afford to take them places when I have them, but the above claim is the latest to keep the money in her pocket and me in the shadows

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Posted : 16/09/2019 5:46 pm
(@StoicPoet)
New Member Registered

It appears that my ex has been lying to the CMS regarding how many nights i have the kids (3). Can anyone tell me where i stand on this. I did inform CMS with my calendar back in 2017, but it appears that they haven't calculated the nights (+168) as i showed in my calander. They have been calculating on 52 nights. I have informed them again today, but obviously dont hold out much hope that she will say anything different.

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Posted : 31/12/2019 8:36 pm
 actd
(@actd)
Illustrious Member

I have heard that if there is a disagreement in the number of nights, then the CMS default to one night per week.

ReplyQuote
Topic starter Posted : 31/12/2019 9:40 pm
(@bill337)
Illustrious Member

hi,

yes its very difficult for CMS to calculate nights/payments correctly, unless you have a court order that states how many nights your kids stay with you. glad i have an order.

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Posted : 31/12/2019 9:51 pm
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