Just how painful is it?

PreludeForTimeFeelers

medsec_222 wrote: »

It's always difficult to get to the bottom of the rules and regulations of the CSA, but it was my understanding that with new child maintenance scheme, it was up to the paying parent to decide whether he wanted to pay direct or have it collected, and not the choice of the receiving parent. If the paying parent elects to pay by direct debit and then defaults, the charges will then kick in and the money will then be collected by the CSA.

That is what will happen once charging comes in - currently if the paying parent wants to change to direct pay then the receiving parent has to agree. After charging comes in, the paying parent can ask to pay directly, and so long as they demonstrate regular payments then the change will be put through. By default, all new cases will be able to go for direct pay, if it's a case that has been up and running then there will be payment histories to look into.

LL30

Update.

I have received a letter today stating that they have 'set up my payments' and then cite my bank details. I'm guessing it's not that that they've established what the payments are, more like they are checking they have my details correct. Also, I've had a text from lo's Dad stating he needs to talk to me...looks like they've got in contact with him then.
Eek!

LL30

Update.

Received initial letter outlining my claim, the process and a CMS booklet. Nothing exciting but I thought it'd be good to keep a log of these things so people know what to expect.

It does mention that there's a self service website that you can use to check my claims progress, but the web page doesn't work for me - is it just me?

PreludeForTimeFeelers

Self-service isn't up and running for clients yet, just for employers.

LL30

I think I need to rename this thread to 'What happens when you make a new claim on the 2012 system'

LL30

UPDATE

Rang up the CMS as I thought I'd check how things were progressing (lo's father has not been in contact since stating he needed to talk to me). It turns out that he's told them that he's not working and waiting on a benefits claim. So either he's quit his job, or he's lost it.

The lady explained that he will go on a £7 rate if he does have a claim, or a NIL rate if he doesn't. What did surprise me is that she stated that the onus was on me to ring them if I found out that he was working, and that although there'll be an annual review, the can't backdate any of the monies owed.

Meaning that if he got a job and didn't tell them, when the annual review came up and they checked the HMRC systems and saw that he had been earning (even if for a limited period of time) then they couldn't retrospectively charge him for arrears. Doesn't seem to make much sense to me. I thought the whole reason that they could link up to the systems was so that a) they could check if he was working (I was imagining some kind of magic flashing red light - oh dear!) and b) so that his contribution could be assessed correctly. I asked her on the phone to check the HMRC to see if he was earning (or had been, as I know he has), but she said they couldn't as they were awaiting information on his benefit claim.

I know that it's a criminal offence for him not to declare himself as earning, but I'm not convinced that they'd have the capacity to prosecute everyone who did it.

Anyway, that's where I'm at. I should hear in the next 7-10 days about what assessment rate he's been put on. If it's NIL I'm tempted to close the case as I don't have the time to be doing my own investigative work into whether he's working or not. The reason I went through the CMS was so that they dealt with it all instead of me.

GobbledyGook

Don't close it. Even if it sits at NIL then if you do find out he's working you just ring them up and notify them then they can dig. If you close it you have to go through all the setting up palaver again.

LL30

That makes sense, I think I was just being mardy as I was expecting them to have magic wands and be able to sort it all out!

LL30

UPDATE

Nearly a year since I opened the case and today I received a phone call letting me know that he has made a claim for benefits and so I shall be receiving the grand sum of £6 odd a week, once the DWP have got round to sorting out the deductions. He's been working cash in hand up until this point, trying to make a point that he won't comply with CM and trying to force my hand into retracting the claim, which I'm pleased I haven't (although £6 really isn't going to go that far, but it's a start).

Still feel slightly terrible that he's losing £7 a week from his benefits, that's a significant loss when you're on JSA, but, that's the way it goes.

Signed up to the online gateway for CM and quite impressed by it, clear and good for keeping record etc

Anyway, to those who are considering it, I dithered, felt bad, nearly retracted it, thought it was a waste of time but I am pleased I let things run their course. Whilst he's claiming I will get a small amount, what happens in the future who knows, but at least the small one's 'shoe fund' will have a small trickle of income!

doeli700

Good luck! I've been trying to get maintenance from my ex husband for nearly 7 years - CSA have been useless. Every time they catch up with him he gives up his job!