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How can I prove my daughter is not in full time education

 
richc1
(@richc1)
New Member Registered

Hi, I'm desperately hoping someone on here can help me. My eldest daughter finished college on 14th May this year. I spoke with the CMS on the 20th May and advised them of this, they said my account was due to be reviewed on the 22nd and that it would be taken into account, although I may still have to pay until August as the term doesn't officially finish until July, which is fair enough. I then received a review letter at the end of May saying my payments were increasing as of August and that they had been informed that my daughter is still in full time education (FTE). When I called them and queried this, they said that my ex wife had told them she was still in college, and that was good enough for them. I then appealed this advising that my daughter was prepared to sign a letter drawn up by a solicitor and witnessed by the same, to confirm she is no longer in FTE, only to be told that wouldn't be necessary and they would revisit it. Yesterday I received another letter saying that they are satisfied that my daughter is still in FTE (which she isn't) and my appeal has been rejected. I now need to appeal to the tribunal service within 1 month if I wish to challenge the decision. How can I prove that my daughter is no longer in college and that my ex wife is being untruthful? I asked a solicitor friend about getting a letter signed, but he advised that it probably wouldn't carry much weight as it could be claimed that she signed under duress. I'm at my wits end on this as it was a struggle making the previous £875 monthly payments, so finding an additional £160 per month is going to be a nightmare.

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Topic starter Posted : 28/07/2021 5:08 pm
Daddyup
(@Daddyup)
Honorable Member Registered

I'd appeal, requesting that CMS provide evidence that daughter is in FTE to refute your written statement.. Let them argue at appeal that it could be signed under duress, remember they will also have to question the integrity of the solicitor too.. If it ends up being an in person or video hearing, potentially your daughter could attend too? It's impossible to prove something like this, unless your daughter goes on to do something else that can be proved eg employment or signing onto benefits or paid apprentiship etc. 

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Posted : 28/07/2021 10:32 pm
richc1
(@richc1)
New Member Registered

@Daddyup Thank you for your reply. In regard to proving this, my daughter is in paid employment on a permanent contract, she was working on a zero hour contract prior to finishing college, but then moved to permanent once she had finished. I gave this information to the CMS, including the details of where she is working when I contacted them last, but it appears to have made no difference.

While on, my ex wife keeps insisting that the CMS collect the money rather than me paying directly, now to be clear, I have never missed a payment or given her any reason not to accept a direct payment, however, she knows that it costs me a hefty chunk every month in collection fees (20%), as opposed to the 4% they charge her. I spoke with the CMS who said I need to complete 6 months of paying them directly as opposed to the attachment of earnings, then after that they will approach the ex to discuss direct payment. They have said that she could still refuse and there is nothing more I can do. Is this correct? Everything seems weighted in favour of my ex, several years ago she inherited a considerable amount of money, making her net worth more than I will earn in two lifetimes, yet none of this is taken into account and I end up paying a ridiculous amount every month, leaving me struggling to make ends meet.

Having just read back through this, I sound like a proper whinger, I can assure you I am not. I do not begrudge my ex her money, she has lost pretty much all of her family along the way, and I hope she finds some level of comfort in the fact that she and the kids are financially set for life. My kids are my world, I have never and will never try to get out of paying for them, they are my responsibility until such time that they become responsible for themselves (then I will continue to support them both financially and emotionally), I just want this to be a fair process, where the payments are correct and I'm not left feeling as if I'm being punished by having every penny I earn taken away.

Rant over.......This is like therapy, thanks for listening.

 

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Topic starter Posted : 29/07/2021 12:28 pm
Daddyup
(@Daddyup)
Honorable Member Registered

CMS is based on your income only, doesn't matter re your exes net worth.. Once you get to 6 months of collect and pay you can then request paying directly, my understanding is that she can't refuse at this point as you have a history of paying correctly.. (although others may correct me).. If you have the evidence including payslips then I would defo appeal.. You have all the evidence you need... 

 

It may be worthwhile seeing a solicitor for the free 30 min session to see what they advise too... Or even pay a solicitor as the long term benefits to you would outweigh the short term costs of legal advice for getting this sorted... 

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Posted : 29/07/2021 6:27 pm
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