CMS Help & Hell
Recently received a letter from the CMS, which was filled by a women I met over 5 years ago.
Basically she got pregnant, done a self home DNA kit with another bloke and it come back his so over the last 2-3 years they been bringing up as there own. However they done a more legal test from the CMS and turns out not his. So now she is naming me as the father now. (as you can imagine it come as a surprise through my door, 5-6 years have past since i met this women)
I know some of you can relate to the pain and stress I am going through at the moment, its horrible and horrific
Cut the long story short the CMS do not care what i say to them and will only take into account my son who I pay maintenance now for when working out the calculations.
I have expressed that my son is autistic so has extra learning/educational needs complete with sensory toys and events i must take him to, they keep giving me mixed advice one minute i can reduce payments with this women who has named me as the father with there other child and the next they do not take this into consideration.
1. its a fine line between either a disability or condition, I just want to know if they will take this into consideration that when i have my son i pay a little extra to help him with his progression in life and learning due to him being autistic?
2. They have also said that my company car (which i do not receive income from) is classed as income and they have added this to my salary so i need to pay more? is this true?
3. They are also saying that due to COVID-19 things are a little bit slower then normal, such as DNA testing and getting the information over to the cellmark people, which is out of my hands, they are basically saying that even though they are working at a slower rate then normal if it takes them longer i will get penalized with arrears if the child turns out to be mine even though its them whos taking ages to deal with the case? in my eyes if they are taking ages to deal with it its not my fault how can they put me into arrears? fair enough if it was me taking my time getting the information to them?
4. They gave me 14 days to do a DNA test, however they only contacted me once to pay by the phone, i have been advised that Cellmark only take payment once they receive the information from the CMS. Thursday the 13th of May will have been the 14th day, am i in my rights to apply for the case to be closed as its gone passed the 14 day period which was not my fault?
unfortunately, matters such as the company car are classed as a benefit in kind, so it does get assessed as part of your income. I'm not sure about delays relating to DNA testing - you could raise a complaint regarding this as you are being penalised through no fault of your own.
yes unfortunately CMS operate this way. very slow and sluggish. they put me into arrears as soon as I signed up to them. was either them or my ex dragging feet with bank details.
they will say if you dispute your the father, then have to take DNA test, and until then you have to carry on paying maintenance. if you have taken the test, then I suggest you keep chasing up for the test result.