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CMS force collect and pay
#1
Hi gents
I'm looking for some advice...
I have been paying child maintenance via CMS for 3 years for my 3 boys. Previously I had a court order for 2 nights a week plus extra holiday time, total of 120 a year, maintenance calculated for 2 nights a week, anyway my ex changed order to 1 night a week back in November last year and didn't notify CMS till my review date in march. Although I have changed to one night a week plus extra nights for holidays I have still had my boys for over 103 day from march last year to March this year. CMS recalculated from November to March and said I had to pay the arrears owed for the reduced nights. My basic CM £363 month - CM requested £414 for the arrears to be paid over 12 months, on 3 occasions I informed them I couldn't afford that amount but I have been paying £383 so basically been paying £20 a month off the arrears, ex wanted collect and pay for more money, so CMS have said I'm going to collect and pay and asking for my bank details.....

Can CMS force me to collect and pay with 20% charged ????
if I have never missed a payment or made a late payment, I have been paying my basic payment for 1 over night stay since review in March and paying an extra £20 towards arrears each month, all I have said is I can not afford anymore as I support 3 other children with my new wife, 2 of hers from previous and one together, i have deduction for the children.
financially I can not afford to pay more than I'm currently paying now.
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#2
Spoken with ex but she wants me to pay the fees ?
Time to leave job one thinks, no end to the fees, forcing fathers out of work
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#3
Seriously I would appeal this and ask for mandatory reconsideration.
They cannot force you into this.
She doesn't get more money she's under a misconception I am afraid
She will actually get less!!

the extra payment goes to...dah dah dahhh the CMS...for administration...she actually loses, and you can tell her this, 5% for them to administer it, you pay the extra 20% for them to organise and administer it.

Best advice I can give is strongly appeal this if they have put this in writing!
Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional.
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#4
When I spoke with them they said the only way they can go back to direct pay is if ex agrees with this but she is wants more than I can afford, so if I call child maintenance is that what I would ask for, mandatory reconsideration yer.
If they were to collect from me would they just go directly to employer or would they need to get an order via court before taking payments ?
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#5
They essentially have to get a court order to make direct payments from salary but for CMS this is a mere paperwork exercise . I would force an appeal immediately as they should give reasons for going to collect and pay. If you honestly can show you have NEVER missed a payment and show you are not likely to miss one (steady job, can afford it blah blah) then there should be no good reason you should be forced into this.

One thing you can try is not speaking directly with the operators, but insist you speak directly to your caseworker (it may mean they get one to call you). If you get no joy with him then insist on a supervisor. I would also recommend you get an app on your phone to record your conversation with them, and when you start the call inform them you are recording for legal purposes.

I say this as I recently got told i was going to have to make arrears payments because of their screw up, and the only thing that saved me having to pay it off over 3 months was I had a recording from a previous case worker telling me it was ok to pay it off over 12 months and admitting it was their fault the screw up occurred.
If I hadn't had the recording I would be out on a limb with nothing to back me.
Trust me on this, there is nothing illegal about recording a conversation like this so long as you inform them at the start of the conversation, you are doing it. If they dont like it, then ask them to stop recording you as you dont like it either, they usually refer to a supervisor at this stage!
Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional.
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#6
That's brilliant advice that's so much, I will give them a call.

My contact order changed like I stated in November from 103 -156 nights a year to 52-103 nights a year , from my March review this year they state I owe money from November to March from when the order changed to less nights, can they do this when I had the children over 103 nights in the time period march 2016 to March 2017 ?
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#7
(09-16-2017, 10:59 AM)Dean7781 Wrote: That's brilliant advice that's so much, I will give them a call.

My contact order changed like I stated in November from 103 -156 nights a year to 52-103 nights a year , from my March review this year they state I owe money from November to March from when the order changed to less nights, can they do this when I had the children over 103 nights in the time period march 2016 to March 2017 ?

The fact you had them for more than 103 nights, goes for you, but, and sadly this is the case we are seeing a lot of on the forums, how do you prove this.
Usually the RP would admit this and so on, but as she is wanting more money then this is unlikely. It would be up to you to prove you had the kids more than 103 nights.

The fact the claim is you are having them for less time now, would give evidence to the case for your charge to go up as shared care, is less, therefore the money you spend on them whilst in your care would then go to the RP for care of the children.

What is not normal and where we have discussed earlier is they are forcing you in to C&P which I feel is not the right thing. hence go for appeal
Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional.
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#8
CMS have my previous court order that states the time I had the children and also the new court order, I have told them that between them 2 orders it's clear that I had the children more than 103 nights in that time period, that shows my proof but they just said no it changed from the date on court order for number of nights, I explained that yes as of March I would have to pay but not to charge me for that period I had children over the 103 nights
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#9
I gotta agree with you, the charge change should only reflect when the shared care actually changed
Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional.
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#10
HELP
Been in touch with child maintenance and they said I can not get a mandatory reconsideration about the decision they have made to put me on collect and pay, they told me my first payment was due on the 6th of Sep followed by 13th then the 20th of this month, not one letter received of my payments amounts although they state I have missed the payments, I told them I get paid monthly not weekly, and I had already paid my ex at beginning of month of £383 - they asked for my bank details to which I wouldn't issue....
What is the next step I could take ??
She still didn't even tell me what I would have to pay or give me an amout of arrears !!!

Any advice would be great
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