Question about moving to CMS system

anoncsahelp

Bit of a sticky situation here. My partner was raped by his girlfriend a few years ago, which resulted in the birth of a child. Due to the traumatic circumstances he moved away from the area and has no contact with the mother or child. There was no legal action taken because the circumstances make it very difficult to prove.

Since the child was born he's been paying child support through the 2003 CSA system (in Scotland). He's dealt with this exclusively through the CSA. With the new CMS coming into play (he hasn't been informed of his case changing to that yet, but I understand it will happen in the next year or so) we're concerned how payments will work going forward.

Obviously a family-based arrangement is inappropriate here, which leaves the DIrect Pay system or the Collect and Pay system.

We simply can't afford the Collect and Pay system. With the current CSA payments we're only just making ends meet on a very frugal lifestyle (I'm unable to work so my partner supports us both), an extra 20% on top of that is just not possible.

I've been unable to find much information on the Direct Pay system and that's what I'm hoping someone can advise us on. The government site makes it sound like all they do is figure out how much the payments should be, and then the paying parent should make arrangements to get that to the receiving parent. In our case, we don't know where the mother and child live, they don't know where we live, and in any case contact would be extremely emotionally disturbing.

I found somewhere mentioning that a "secret" account can be set up for the receiving parent to ensure that address/bank account details etc aren't revealed to the paying parent, but I can't find any protections for the paying parent.

So I guess my question is: when his case moves to CMS, is there a way for us to make sure the mother continues unaware of our whereabouts, without having to pay the unaffordable extra 20% involved with Collect and Pay?

Thanks in advance for any help.

Guest101

You have the bank details presumably, so just set up a standing order for the correct amount.


I'm more shocked that it seems this wasn't reported and now a child is living with a sex offender.....

anoncsahelp

Thanks for your reply.

No, we don't have her bank details. Currently he pays the CSA and they pay her.

The legal situation for male victims of rape is pretty horrible, particularly when this initially occurred, which is why it was never reported. We don't believe the child to be in any danger from the mother or we would certainly have done something, so no fear on that account.

Guest101

anoncsahelp wrote: »

Thanks for your reply.

No, we don't have her bank details. Currently he pays the CSA and they pay her.

The legal situation for male victims of rape is pretty horrible, particularly when this initially occurred, which is why it was never reported. We don't believe the child to be in any danger from the mother or we would certainly have done something, so no fear on that account.

Ok, I'm pretty sure the CMS have safeguards in place to protect data covered by the DPA, so I don't see why any of your details would be released to her.


I think it now needs to be reported. I'm not being funny when I say, you cant judge whether the child is in any danger or not, you've never met this person, and your partner was raped by her.

Person_one

Legally, a woman cannot rape a man.

jimd-f

under direct pay CMS will get the bank details from the other party and forward these to your partner.
you may want to get a new bank account, in your partners name only, just to pay the Child Maintenance with a bank who do not use branch sort codes but a generic sort code (santander among others) so there is little chance that the other party can get an indication of your whereabouts

clearingout

Really? Moved away, no contact with child? And he's the victim?

Somehow I doubt it. Be very careful. My ex tells similar fairy stories. And they are stories, of that I assure you.

Guest101

Person_one wrote: »

Legally, a woman cannot rape a man.

That is true, but it is possible and really is an area of law that should be addressed.