So after 12 tortuous years my contributions ends on 25th June. I have written to the cms 3 times over the last 3 months about what happens when I have arrears only left to pay? Needless to say I have had no response to date. Any advice welcome. If I have not heard anything by Friday its back to my MP.
Not sure of your question. If you have arrears, these are payable even if your CMS is due to stop due to child's age or end of education. Also are you sure you are due to stop paying 25th June? Usually it continues until the end of summer, unless you are stopping as child turns 20?
hi, how much are the arrears, and are they genuine? you should phone them. theres useful contact and email addresses for CMS here: https://faocms.com/useful-information/
@Daddyup thanks for your reply, yes my son is 20 on the 26th of June so child benefit ends on 25th June, I have written to them 3 times over the last 4 months asking what are the protocols for arrears only after the end of my contributions. I have 10k in arrears and want to know what happens. Do they continue with deductions from earnings order? at what rate? over how long? can it be negotiated? Can i offer a settlement?
regards Mick
Hi
My understanding is that the arrears continue to be payable to the receiving parent. They do not get written off. Your contributions do not end when your son turns 20 but when all amounts payable are paid.
The DEO amount just continues. I imagine when it was 1st issued that an amount was set as the protected amount which is the minimum amount the court decided you need to live off and as long as you earn above this amount the DEO will continue requiring employers to deduct the payment from your earnings. I believe the maximum amount they can deduct is 40% of your net income as long as it does not take you below the protected amount.
My knowledge here is not based specifically to CMS but the DEO falls under the Attachment of Earnings Act which having worked in financial services previously I'm familiar with and the rules are the same (with some differences) regardless of whether the debt is CMS or consumer. One significant difference is that the CMS very much do not concede and will enforce whereas most creditors do a cost benefit analysis.
In regards to reduced settlements, you can make an offer but your ex and CMS both need to agree (although I believe you ex will be the main decision maker) and the CMS will let you know how to settle and make payment. See below from Cab which goes into some detail..
Hope this helps. All the best.
@Daddyup so would they take into account that you have certain bills that are a fixed cost such as rent when working out this protected amount
Hi
You mentioned that the CMS have a deduction from earnings order already. You will need to review your paperwork to identify the protected amount agreed.
Protected amounts don't always reflect your actual costs (usually they do but not always, eg living beyond means) so you will need to take a look, plus if the order was made many years ago then you may need to return to court to vary the order and update the court with your current financial circumstances. This is a specialist/niche area of law.
The CAB would be a good reference point.
@mickr you may be better off phoning them if you have time spare. I know they chase people with historic arrears since days of old CSA.
Ok guys, thanks for all your help. It is now all sorted and the following information im sure will be beneficial to many. I have been writing to the cms for months asking for clarification what happens when the maintenance ends and you are left with arreras only. I never received a reply. A week before the case closed, I contacted my MP and worked via the caseworker. She contacted the cms and they did confirm that the deo would be cancelled on the said date and they would phone me to negotiate the arrears. Anyway the week passed by, the deo was not cancelled and another payment went out, despite all the letters etc. I spoke to my MPs caseworker again who in turn contacted the cms and they said it was down to the caseworker to end the deo, she also informed me that she had told them to contact me as a matter of urgency. To my shock, the cms caseworker did actually phone me the next day. He confirmed that he had just cancelled the deo. Now I was prepared for a negotiation fight, knowing how the cms treat people, but again to my shock he asked me what I could afford monthly,which I said £140, he then worked out my age (retirement) and REDUCED it to £100 over 9 years!! result, I thought I would have to give my essential payments and proof etc and expected the 40% axe, but the negotiation took less than 1 min. So the case is now closed, and im £380 a month better off. goodluck to everyone else, I hope this helps someone.
@mickr that’s great so would you recommend when having problems with them to try and get your local mp involved
@maddad23 as long as you have a just complaint I would highly recommend it. The MPs don't actually do anything, it's the unsung caseworkers who deserve a pat on the back. I've had various problems over the years and my MPs caseworker has always resolved my issues. I didn't just do it for myself though, I have written many letters to various departments and MPs over the injustice of the system. I had no complaints about supporting my kids, just the horrific amounts they charge is scandalous, and to me, maintenance should end at 18, not 20! I'm only a small cog in a large wheel but the more complaints they get the more they are likely to change things. If I can help just one person id be happy. all the best
@mickr yeah I can see it changing eventually you said something about you having to give the cms your essential payments and proof do they normally do this when collecting arrears because fixed costs such as rent can’t be lowered so I feel I should be left with that if I was to go into arrears