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Dannyboy2021
(@dannyboy2021)
Active Member Registered

I've spoken to child maintenance a lot recently about direct pay and click/collect method.

The women who has applied for CMS application I have not spoken to in 6 years, didn't know I was possibly the father. 

Anyways my query is, they have told me a number of times even tho I'm paying parent and didn't make application I can force the payments to be direct pay without the other parents consent, and that the cms can only put the method of payment to click and collect if I miss payments.

I have requested the payment to be direct pay it keeps getting rejected for no reason, I currently have a private arrangement in place with my ex in regards to another child and uploaded a bank statement to prove I am good for making payments as evidence.

Is there a reason as to why they keep rejecting it? When they keep telling me I can change it direct pay?

My mental health is through the roof at the moment, this is causing a rift in my family life and affecting everyone, can someone please help and give me clarity?

Quote
Topic starter Posted : 09/05/2021 9:01 am
Yoda
 Yoda
(@yoda)
Famed Member

Hi, is the bank rejecting your payment or CMS are rejecting something. 

Is the query about payments to your ex or the woman you haven't spoken to for many years. 

Is there any communication between you and the woman? Have you discussed DNA tests? Are you on the birth certificate. 

I can imagine it's a very stressful time. If you are struggling, it's advisable to see your GP to support your mental health. 

If you need assistance dealing with CMS, try your local CAB or MP, they can be very helpful. 

 

ReplyQuote
Posted : 09/05/2021 11:42 am
Dannyboy2021
(@dannyboy2021)
Active Member Registered

@yoda mate,

 

I been in contact with child maintenance, currently going through the motions with doing a DNA test.

I am planning for the future in case I turn out the biological father, financial and mentally.

I am not in contact with the women naming me as the father, my question was if I turn out to be the father, and I choose direct pay and the women chooses click and collect, what will the child maintenance do?

They told me over the phone that if I choose direct pay it doesn't matter if she chooses click and collect,  but if I miss a payment they will enforce it. But everytime I go change it on the CMS portal the CMS reject the payment plan being changed from click and collect to direct pay.

I ask for it in writing everytime but they keep bloody palming me off, 

ReplyQuote
Topic starter Posted : 09/05/2021 1:37 pm
Yoda
 Yoda
(@yoda)
Famed Member

Ah okay, understood. You will have to keep trying, maybe give them a call and if they can't sort it, get your MP or CAB to help you. 

It must be a very difficult time for you now. Try to make sure you look after yourself and see your GP if you need extra support. 

Keep posting and we will do what we can to support you. 

 

ReplyQuote
Posted : 09/05/2021 1:55 pm
Dannyboy2021
(@dannyboy2021)
Active Member Registered

@yoda

I mean, do you know if the women can enforce click and collect even tho the paying parent wants direct pay?

ReplyQuote
Topic starter Posted : 09/05/2021 1:58 pm
Yoda
 Yoda
(@yoda)
Famed Member

it's my understanding that collect and pay is only used if the paying parent doesn't pay. I could be wrong but my knowledge is more family court based. 

Give Child Maintenance Options a call, they're the experts. 

ReplyQuote
Posted : 09/05/2021 5:33 pm
Dannyboy2021
(@dannyboy2021)
Active Member Registered

@yoda thank you mate

ReplyQuote
Topic starter Posted : 09/05/2021 6:03 pm
Daddyup
(@Daddyup)
Honorable Member Registered

@dannyboy2021 hi, collect and pay can only be used when there are arrears.. Otherwise you can select direct pay. Are you in arrears with plans for any other children? If no arrears at all then no your ex cannot enforce or request this.. Even if you do go into arrears its not changed straight away, they would first contact you to establish reason for arrears etc... If you catch up very quickly I. E by the next payment then  no issues unless you keep paying late.. 

 

If it's not accepting on portal it could be a glitch and the best way is to just call them.. 

ReplyQuote
Posted : 09/05/2021 8:45 pm
Dannyboy2021
(@dannyboy2021)
Active Member Registered

@Daddyup hey mate, thank you so much for clearing that up.

Problem is, because I am going for a DNA test to prove if I'm the biological father or not, if it comes back I am the father I will be in arrears from the 1st of May until they sort it out.

Because of this will they put me into click and collect? As its not my fault?

ReplyQuote
Topic starter Posted : 09/05/2021 10:37 pm
Daddyup
(@Daddyup)
Honorable Member Registered

I would highly doubt it especially if the moment it is confirmed to clear all the arrears in one go as I'm guessing you will have set aside the funds?

 

Have you spoken to the CMS and clarified this?

 

It's a tricky situation, if you pay the CMS now and then it's not your child the CMS are not quick to recover the funds and sometimes expect you to write it off.. They must have a procedure for disputed parentage... If they try to put you onto collect and pay before DNA tests are obtained I would appeal and go to tribunal (not sure if this is possible, I'm sure one of the others on here will confirm) and you can then show the savings set aside to clear arrears once DNA proves child is yours, therefore it's not a case of you avoiding paying but more that you only want to pay for a child that is yours...

 

Hope this helps a little, I'd speak to CMS first and see what they advise.. 

ReplyQuote
Posted : 10/05/2021 8:46 am
Dannyboy2021
(@dannyboy2021)
Active Member Registered

@Daddyup 

Cheers for all the help and advice, really appreciate you taking the time to respond and help out.

 

I managed to get a hold of the CMS today, they have confirmed that it even if the Women chooses click and collect but i choose direct pay this arrangement will go straight to direct pay however it will be up to me to keep up all the payments with bank transfer, if i do not then they will use the click and collect method.

Just as you said, I will be in arrears but because its a new application it will still be direct pay if I choose this option, the arrears will be divided up between the remaining months, my case started on the 1st of May and the first payment most likely be the 1st of July after the 30 day progressing and DNA result. What they do is the work out the annual amount and dived it with the remaining months (10months)this adds the arrears etc.

The reason the portal is not updating it is because its in the first phase of the application and they need to wait on the DNA test result before applying the changes.

I have requested all this in writing, but they are an absolute nightmare to deal with and most likely need to ring them again for it to be in writing, they are very draining

 

ReplyQuote
Topic starter Posted : 10/05/2021 12:14 pm
Daddyup
(@Daddyup)
Honorable Member Registered

@dannyboy2021 ha, that's great to hear, got there in the end... You just have to wait and see re the DNA result now... 

ReplyQuote
Posted : 10/05/2021 1:51 pm
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