Help please re payment changes to CMS

linclass

Hello my partner's ex wife claims from him (through CSA) payments for his daughter who will be 18 in October and is in full time education. She has left her mother's home and is now living with her elder brother.  Her mother has cancelled all benefits claims and the CSA payments.  As daughter is still within the age limit to receive CSA maintenance, does her brother need to apply for Guardianship?  I don't think they would pay him if he wasn't the Guardian would they?  OR - could I arrange to pay the money direct to the daughter?   

Thanks a lot. 

Comms69

linclass said:

Hello my partner's ex wife claims from him (through CSA) payments for his daughter who will be 18 in October and is in full time education. She has left her mother's home and is now living with her elder brother.  Her mother has cancelled all benefits claims and the CSA payments.  As daughter is still within the age limit to receive CSA maintenance, does her brother need to apply for Guardianship?  I don't think they would pay him if he wasn't the Guardian would they?  OR - could I arrange to pay the money direct to the daughter?   

Thanks a lot. 

CMS*.

As long as the CMS claim has been cancelled. You arent obliged to pay anything. 

You can choose to pay as much as you like.

linclass

Comms69, many thanks.  He still intends to pay for his daughter, he just doesn't wish it to go to his elder son's account.  

Comms69

linclass said:

Comms69, many thanks.  He still intends to pay for his daughter, he just doesn't wish it to go to his elder son's account.  

Any reason? I mean chances are he's paying the rent, bills etc?

linclass

Thing is Comms69, brother(and NOT the eldest) interfered when he shouldn't have.  There's tons more to this than I can state here and i won't do. He and wife are professionals running their own business and believe me, they don't NEED the extra money.  NOT that he should have to finance his sister, but as I said.  Lot more in this than I can mention here.  :-) 

thanks, 

Comms69

linclass said:

Thing is Comms69, brother(and NOT the eldest) interfered when he shouldn't have.  There's tons more to this than I can state here and i won't do. He and wife are professionals running their own business and believe me, they don't NEED the extra money.  NOT that he should have to finance his sister, but as I said.  Lot more in this than I can mention here.  :-) 

thanks, 

Ok he may have interfered. I dont know the details. That is largely secondary to anything else though if you take the issues seperately.

But fair enough. Legally there's no obligation to pay. It would be a shame to, if nothing else, provide him with more ammunition though. "i took on my little sister, and dad paid nothing"; especially if "but mum sent money towards costs".

Just saying. good luck

linclass

Thanks comms69.  My partner received a letter today from the CMS.  It seems it was initiated by his son.  Partner has tried calling but (possibly due to Covid-19) they are not accepting calls of this nature  (he needs to discuss paying his daughter, which he has absolutely NO problem with, and not his son) and suggests using the online service.  There is no email address for partner to express his concerns.  there IS however, a section in the self help that clearly states: 

How to pay

Child maintenance can be paid:

• between parents
• directly from the paying parent’s earnings - arranged with their employer
• by Direct Debit
• by reducing the paying parent’s benefits

Payments are paid into the receiving parent’s bank account.

The receiving parent has main day-to-day care of the child. The paying parent does not have main day-to-day care.

In this case, the receiving parent (partner's ex wife) cancelled her receiving the payments last week (I think it was) .

As things stand, my partner is COMPLETELY STUMPED, as there is NO email address, NO phone number that will accept the call unless it's to report eg loss of job, no income due to Covid-19, a bereavement, wage change etc.!  He has tried the self-service page, it immediately refused acceptance of the details he entered.  I won't say he's suicidal, but I am !!!  It is so, so annoying when these agencies  just send one in circles!  

Comms69

linclass said:

Thanks comms69.  My partner received a letter today from the CMS.  It seems it was initiated by his son.  Partner has tried calling but (possibly due to Covid-19) they are not accepting calls of this nature  (he needs to discuss paying his daughter, which he has absolutely NO problem with, and not his son) and suggests using the online service.  There is no email address for partner to express his concerns.  there IS however, a section in the self help that clearly states: 

How to pay

Child maintenance can be paid:

• between parents
• directly from the paying parent’s earnings - arranged with their employer
• by Direct Debit
• by reducing the paying parent’s benefits

Payments are paid into the receiving parent’s bank account.

The receiving parent has main day-to-day care of the child. The paying parent does not have main day-to-day care.

In this case, the receiving parent (partner's ex wife) cancelled her receiving the payments last week (I think it was) .

As things stand, my partner is COMPLETELY STUMPED, as there is NO email address, NO phone number that will accept the call unless it's to report eg loss of job, no income due to Covid-19, a bereavement, wage change etc.!  He has tried the self-service page, it immediately refused acceptance of the details he entered.  I won't say he's suicidal, but I am !!!  It is so, so annoying when these agencies  just send one in circles!  

Sorry im not sure on this. I assume that if theyve accepted the claim then it's legitimate. Worst case he pays for a short period. She is almost 18 after all.

If the son can claim (and im sorry i dont know) then your partner doesnt have that option - to pay the daughter.

I know it's frustrating, but it's cheaper to pay voluntarily than for them to collect from wages. Thaere's a surcharge for this, i think its 20%.