Okay so this takes the piss. As in my job, you can do overtime so last year I did a lot of overtime etc. I was paying £180 in child maintenance a month which was fine. Then I got a letter come through, saying I need to start paying something stupid like £280 a month as they calculated with the overtime etc per their annual pay.
So in the end, due to Covid-19 and everything I didn't pay it. I got a letter through three months ago saying I owed the mother £300+ extra on top and if I don't show them evidence this is paid in 14 days they will switch to Collect and Pay.
I messaged them, I replied within the 14 days, however they took longer to reply back. I told them due to Covid-19 and the miscalculations I won't be able to financially support it. So now, they sent me a shitty letter saying it has been switched to Collect and Pay... £470 they want me to pay each month. I have a new born baby due in December.
How can I get this sorted out? Can I take this to court?
unfortunately CMS do increase your maintenance if you do over-time, or get bonuses etc. During this covid period, they stated if anyone lost their job due to covid, or their income dropped by 25% then they will either reduce maintenance payments or freeze it.
I lost my job during this period. After I told them, they said I am to pay Zero maintenance until I get a new job. I think the mistake you made was just telling them you can't pay and you stopped the payments. In their eyes you have not been complying and not making the payments, so I think it will be extremely difficult now to get them to switch back to Direct Pay scheme.
I don't think court action will sort this out, unless you have solid evidence that CMS have made errors in their calculations.
I agree, unfortunately you are in arrears and haven't paid within the specified time so they put you on collect and pay (for which the add a 20% charge to you) and will collect the arrears. Once the arrears are paid, hopefully it will reduce, and when you've been paying for a while, you can ask them to put you back on direct pay, and if they do, it will save you the 20% charge.
You need to inform them immediately that your baby is born, that will reduce your liability also, and they don't backdate, so they need to be informed as soon as you can.