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Not liable for Child Maintenance

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Hi There, 
It's a bit of a story but basically CMS won't tell me anything due to Data protection but all they have told me if that my Childrens Father isn't liable for Child Maintenance and they know the reason why but they can't tell me! 
So I am guessing that he is even in Prison or he is dead, Are there any other reasons? 
Surely if he was dead then they could tell me that or is that still a breach of Data Protection?
I'd be grateful for any advice/ideas
Thank you
Donna




Comments

  • Could he have moved abroad? 
  • donnalou
    donnalou Posts: 498 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Would Child Maintenance know though?  
    I wouldn't put it past him to tell them that but surely they wouldn't just take his word for it? Or would they? 
  • unforeseen
    unforeseen Posts: 7,381 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Has there been a DNA test? 
  • donnalou
    donnalou Posts: 498 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    No, it hasn't been requested either.
    He will just try anything he can to not pay for his children. He told CMS previously that they spend one night a week with him ....he hadn't seen them for nearly 3 years!
    They have told me that it doesn't say that on the claim anymore. He isn't claiming benefits or paying tax. They know why but they can't tell me! 

  • JamoLew
    JamoLew Posts: 1,800 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Sorry to be harsh, but  does it matter why ?
    They have come to that conclusion and that's all you need to know 
    They don't need to give a reason
  • JamoLew said:
    Sorry to be harsh, but  does it matter why ?
    They have come to that conclusion and that's all you need to know 
    They don't need to give a reason
    Probably because OP is querying whether he should be eligible to pay but isn’t because he’s telling porkies. And is wondering what (if any) checks they do to ensure information used to make the decision is accurate. 
  • ToxicWomble
    ToxicWomble Posts: 882 Forumite
    500 Posts Name Dropper First Anniversary
    edited 11 October 2020 at 11:42AM
    JamoLew said:
    Sorry to be harsh, but  does it matter why ?
    They have come to that conclusion and that's all you need to know 
    They don't need to give a reason
    Probably because OP is querying whether he should be eligible to pay but isn’t because he’s telling porkies. And is wondering what (if any) checks they do to ensure information used to make the decision is accurate. 
    If the OP isn’t in contact enough to even know if he is alive then how can she judge whether he is “telling porkies”
    Accept and trust the process and findings (unless she has irrefutable proof to the contrary, which it doesn’t sound like she does)
    She “May” be entitled to know their process but not WHY they come to their conclusion 
  • donnalou
    donnalou Posts: 498 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    The thing is he is notorious liar and he will do whatever he can rather than pay a penny towards his children up keep. It just infuriates me that he is able to get away with it.
    I will ring the courts tomorrow and see if he has been given a prison sentence. At least they will be able to tell me that as it is a public record. 
    The chances are that is where he is.
    I have a 10 year restraining order in place, so whether he is walking free, in prison or dead makes the difference whether I can sleep easily at night or not....but that is a while different story.





  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    GDPR only protects the information of living people, so if he is dead CMS would be able to tell you.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    GDPR only protects the information of living people, so if he is dead CMS would be able to tell you.
    And in any case - death records are public anyway
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