Query - new system

LL30

Evening,

I put in a claim for maintenance via CMS a while back. My daughter's father has not cooperated in the slightest and is working on the side so obviously nothing is showing with the HMRC. He keeps texting me saying he has money for me, and each time I tell him to go via CMS to sort the payment out, which he won't do. I'd rather it was done officially as a) I'm not sure of the source of this money and b) it prevents him saying he's paid too much *insert various other whines here* etc.

He's now text to say he's putting it in an account for my daughter and if I try to involve CMS then they will say that he has paid it (as it's in this account apparently) and I should accept it.

So, does he need to comply with the CMS or can he just choose to ignore it like this and do what he wants? He seems to think so. I personally feel it's a control issue, which is another reason why I wanted it done officially. Presently he's moved address and changed his phone number so that he can't be traced - he's petrified of them for some reason, very OTT, which makes me think the money may be coming from a dodgy source.

Any help?

jacklink

how can he go through csa or CMS ect if hes working a fiddle job ?

jacklink

report him for benefit fraud, he is committing an offence and you know it, how are your morals and values ?. millions of legitimate workers have to pay more tax because of the likes of him. if nothing is showing with HMRC then hes not paying tax

https://secure.dwp.gov.uk/benefitfraud/

LL30

He's not claiming any benefits, they've checked that. I've already reported him to HMRC for working cash in hand, for all the good that does anyway.

I'm just wondering if he simply can say he's not going to comply and that's that. Does he have to, I guess is what I'm getting at...

PreludeForTimeFeelers

LL30 wrote: »

He's not claiming any benefits, they've checked that. I've already reported him to HMRC for working cash in hand, for all the good that does anyway.

I'm just wondering if he simply can say he's not going to comply and that's that. Does he have to, I guess is what I'm getting at...

He does have to, yeah, the only problem is that if there's not actually any evidence to show what he's earning then the best case scenario is that they can impose a default maintenance decision on him. This is where they'll assess him at a set rate, with the intention of getting actual figures at a later date. It's hard to collect this amount though as they don't actually know where he's working, and thus can't go to his employer.

LL30

Thank you. He seems to think that I'm in the wrong and I should accept the money he's offering. I'll give CMS a call and just update them. I'm guessing there's little they can do in the short term, but surely if he doesn't show as being in the system either claiming benefits or paying tax over a period of a few years then they'd be suspicious?

He's currently trying to get contact with my daughter (presently not allowed - not due to me, but children's services, he has had poor mental health in the past which he doesn't have much insight into unfortunately) and I'm happy to go through the court process but I have pointed out to him that not complying with CMS is not going to go in his favour, but he's adamant he's right...