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New to forum but would appreciate some advice on CMS
#1
Hi all,

I'm hoping someone might be able to offer some info on where I stand?

About a year ago I was informed that I had a 9 year old son. Of course, I had a DNA test done that proved he was mine, and while I was still trying to get my head around it, a few months later she went to the CMS and I had a call from them to discuss how much I should be paying.

I wasn't aware that they don't take into account how many children you actually have in your household, mortgages and other outgoings, or the fact you're the sole breadwinner so money is pretty tight anyway. Basically the payment based solely on my salary would have broken us. Luckily the mother was quite understanding, and we agreed on a family based arrangement which she agrees is more than enough for her, and just about payable for me!

I've been paying maintenance weekly now for about a year with no missed payments. The CMS confirmed on the phone at the time that the case was closed (depsite not receiving anything in the post), but my worry is that if she changed her mind at any time they could ask for full backpay from the date that she made the initial claim. Can she do this? If the case is closed will they still consider the point it was opened for backpay?

Like I said payments are still being paid and the relationship is OK, but I suppose I'm just being paranouid about it because I really don't know where I stand legally.

Thanks
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#2
you need to check you're not paying more than you should. If CMS calculated the amount.

They DO take into account any other children you support.

Use this calculator -

https://www.gov.uk/calculate-your-child-...d/no/413.0

You also need to check if your household is entitled to any benefits.

https://www.tax.service.gov.uk/tax-credi.../#/partner
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#3
One of the best things I do like about the CMS, is there is no back payments Prior to the start of the case.
And believe me, for what I have been through with these sharks and leeches, that's the ONLY thing I like about them

If you are supporting other children then make sure you get child benefit for them . If you do then this can be taken into account  during the calcs like Hazy said and you will get a % taken off. not sure how much because this lot seem to take their advice from Satan himself and believe in persecuting all fathers even when they take time to look after their kids
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#4
(02-01-2017, 11:44 AM)Londondad1 Wrote: Hi all,

I'm hoping someone might be able to offer some info on where I stand?

About a year ago I was informed that I had a 9 year old son. Of course, I had a DNA test done that proved he was mine, and while I was still trying to get my head around it, a few months later she went to the CMS and I had a call from them to discuss how much I should be paying.

I wasn't aware that they don't take into account how many children you actually have in your household, mortgages and other outgoings, or the fact you're the sole breadwinner so money is pretty tight anyway. Basically the payment based solely on my salary would have broken us. Luckily the mother was quite understanding, and we agreed on a family based arrangement which she agrees is more than enough for her, and just about payable for me!

I've been paying maintenance weekly now for about a year with no missed payments. The CMS confirmed on the phone at the time that the case was closed (depsite not receiving anything in the post), but my worry is that if she changed her mind at any time they could ask for full backpay from the date that she made the initial claim. Can she do this? If the case is closed will they still consider the point it was opened for backpay?

Like I said payments are still being paid and the relationship is OK, but I suppose I'm just being paranouid about it because I really don't know where I stand legally.

Thanks

There is a time limit on how long it can go without none payment being reported, what I am sure will of passed at this stage.

Do you have anything Formal to show your agreement, if not my advise is to do this.

Always make payments in a way you can evidence at a later date, bank transfer is best.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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