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  • FIRST POST
    • macadoogle
    • By macadoogle 4th Oct 17, 3:42 PM
    • 4Posts
    • 0Thanks
    macadoogle
    Child maintenance service - confused!
    • #1
    • 4th Oct 17, 3:42 PM
    Child maintenance service - confused! 4th Oct 17 at 3:42 PM
    Hi

    I am so confused. My partner pays his ex wife maintenance every month and has since they split. He signed the house over to her and she kept the car that he still pays for this was agreed as part payment for the maintenance.

    Anyway god only knows why but she went to the CMS who sent him a letter stating what his wages are and how much he needs to pay every month. They have his wage INCORRECT by over £10,000!! So on top of the £150 for car he will have to pay another £420 a month. When looking into this the CMS have requested his income from HMRC they take into account a company car (that he pays over £200 a month on) and other things. How can they do this when it is not an income????

    Calculations today show he has £73 a month to live on as he has other debts. We have just bought a house together getting one big enough for his daughter and my (older) son. He has his daughter twice a week for tea and every other weekend from a Friday tea time to a Sunday at 6.30pm. He now cannot afford to do anything with her ... How can this be right???

    Can anyone help/advise???
Page 2
    • CurlySue2017
    • By CurlySue2017 6th Oct 17, 3:28 PM
    • 13 Posts
    • 4 Thanks
    CurlySue2017
    This isn't correct. The ex doesn't have to agree, you can apply to pay direct and as long as you don't have any arrears and you have paid regularly, the CMS will allow you to. They will workout a payment schedule for you and pass on the PWC's bank details to you for you to pay direct.

    They can only enforce pay and collect when they believe you won't pay, i.e. Arrears or a history of not paying.

    We are on pay direct, despite my partners ex wanting pay & collect - very bitter woman!
    Originally posted by newbutold
    Ah, another lie told to us by the CMS then!

    Thanks for this, I will pursue this next time we have discussions with them, which I am sure will be soon.
    • Sambella
    • By Sambella 6th Oct 17, 7:28 PM
    • 343 Posts
    • 321 Thanks
    Sambella
    If he is paying for a car that he has no use off he should be able to have this taken into account by CMS and the amount he pays reduced. This can also be done for any debts which were for something he no longer uses or has unless they agreed for him to take them on.

    What they are likely to do is add up his monthly car payments for one year and take it off his gross pay before calculating CMS so the reduction could be small but something is sometimes better than nothing.

    Going to a debt help place like stepchange could result in his interest on the debts etc being reduced or frozen which may also help things.
    • Jim3960
    • By Jim3960 7th Oct 17, 10:23 PM
    • 12 Posts
    • 16 Thanks
    Jim3960
    Ah, another lie told to us by the CMS then!

    Thanks for this, I will pursue this next time we have discussions with them, which I am sure will be soon.
    Originally posted by CurlySue2017
    You need to contact CMS and inform them you want to go on the direct pay option. They may put you on a 6 months trial to see if you will pay. Some of the payment maybe taken as a DEO again for the 6 month period. Pass the test, as in dont miss a payment. You must be transferred over to direct pay regardless of her request.

    My ex tried the same but i never missed a payment in 14 years. She refused to give bank details. She was informed with no way to pay the case would close. She soon passed on the details.

    Instant saving of 20%. No fees during the "unlikely to pay test"
    • CurlySue2017
    • By CurlySue2017 9th Oct 17, 8:13 AM
    • 13 Posts
    • 4 Thanks
    CurlySue2017
    You need to contact CMS and inform them you want to go on the direct pay option. They may put you on a 6 months trial to see if you will pay. Some of the payment maybe taken as a DEO again for the 6 month period. Pass the test, as in dont miss a payment. You must be transferred over to direct pay regardless of her request.

    My ex tried the same but i never missed a payment in 14 years. She refused to give bank details. She was informed with no way to pay the case would close. She soon passed on the details.

    Instant saving of 20%. No fees during the "unlikely to pay test"
    Originally posted by Jim3960
    Thank you, we will do this. There is no history of non-payment so this should be entirely do-able.

    The problem is that we are at our wits end with talking to the CMS who seem to be utterly incapable of carrying out simple things, which is infuriating and just makes life more difficult for all parties!
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