Advice needed CMS

moomoomama27

I'm hoping someone can help.

My husband has paid CS for 11 years for two children - he is the NRP however the case has now closed with the CSA and we have heard nothing from the PWC or had any paperwork through about starting a new claim. There has been some confusion with the CSA ending the case, insisting he had another year with them to pay before the case moved over, even them sending him another years payment schedule, so a lot of backing and forthing with what exactly was to happen moving forward.

We believe that the PWC has lied about the children now 18 and 19 years being in education for the past year but have had no hard proof other than her family members saying that one had moved out, and one had given up school, so continued to pay. As we haven't heard from her and have no contact details at all for either her or the children we are wondering what to do.

CMS options have advised that it is not JUST up to the NRP to set up a claim and perhaps the reason it's gone quiet is that the PWC is not eligible however my husband is concerned that waiting for the PWC to set up a claim may result in consequences for him - for example collect and pay?

Can anyone advise what he should do?

Thank you

shoe*diva79

There will be no consequence if there is no case open. Have you had the final case closed letter from the CSA? If so, stop paying and wait to see if the PWC opens a case with the CMS. Or, your husband could call the CMS himself, pay £20 to open a case - however, they will check if child benefit is being paid - if it is then CS is payable, if its not, then CS isn't.

DUTR

Either party can open a case (costs £20) , there will be no consequences for him, 1st port of call is for family agreements, last option is collect and pay.
Perhaps the PWC has not bothered opening a case if there is only a short time to run the case.
I haven't had info about my case ceasing.

moomoomama27

Thank you both for the speedy replies and the reassurance.

My husband had the final case closed letter on Saturday, and when he tried to discuss it with CSA they said there was nothing they could advise, despite leading him to believe that he had another year with them before the potential switch over!

It may well be that the PWC cannot provide the documents needed if they are not in education, so I've suggested he puts the money we have calculated using their calculator to one side.

Given her dishonesty in the past, it might be a good idea to see if she makes an application by the middle of next month and then go from there!

Once again thank you

shoe*diva79

Even if she does ask for a case to be opened, assuming one can be, then the assessment starts from when she opens it. Your husband wouldn't get any arrears from the CMS.

In addition, with the CMS, one months child maintenance has to accrue before its due, for example with my case, the case started 14th Feb, first month with due from 14th Feb and the NRP chose a payment date of 25th Feb (I assume his pay date) so your husband wont get stung for lots all at once as its paid in arrears if that makes sense.

MataNui

Why do you think there is another year to pay with CSA? Is it just because they sent out a new payment schedule? If so then forget about it. Same happened to me when mine was properly closed.