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Help with process f...
 
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Help with process for challenging the CMS Process & Outcome


Posts: 3
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Topic starter
(@supuser1)
Active Member
Joined: 2 months ago
Background:
My Ex & I agreed a monthly payment of £860 for my daughter, that was contained withing a Schedule 1 Order -this was sealed by the court on 29th January 2025
Payments were to be made on the last day of each month.
It also contained clauses that neither of us would see to increase (her) or decrease (me) the amount for the duration of the order.
My solicitor informed me that Order only holds precedent for the first 12 months from signing, which is fine.
The CMS then recalculated my payments in January, and increased them by £80 per month.
My ex immediately lodged a Failure to Pay on their portal.
This was on the 4th February 2025
I spoke to them, explained the payment was subject to a sealed court order, uploaded the court order, and bank statements as proof of payment -and they rejected her request to go straight to Collect & Pay
This was repeated 7 times during February

I received a letter advising me that my payment would NOT be changing to Collect & Pay on the 17th of February, and again on the 21st February 2025.

My Ex then immediately raised another challenge on the 22nd February which was approved
Rather than advise me of the uplift in payment, the CMS moved straight to a pay and collect order, of £1215.71 per month!

This is despite me never missing a payment (she is challenging the January & February Payments) both were paid on the last day of the month in line with the court order & the advice from the CMS that her claims had been rejected and to pay in line with the court order.

I raised a challenge to this, however part of the damage has been done already, as they have contacted my employers to advise them I haven't been paying child support which is completely untrue, and I know is taken into account at promotion boards.

I was wondering firstly -has anyone else experienced issues like this with the CMS process?
Secondly, how do I appeal, as I seem to be penalized for following both the court order and the CMS guidance (up to the 22 February) and have never missed a payment.

thanks in advance, and aplogies for the long note!

1 Reply
Posts: 5486
(@dadmod2)
Illustrious Member
Joined: 6 years ago

hi, if your order expires in January 2026, then CMS should not have opened a case. suggest you contact your MP and ask them to raise a complaint with them. can CC these emails:

correspondence@dwp.gov.uk 

complaintsreviewteam@dwp.gov.uk 

 

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