Cms Payments dispute

star22yy

If a nrp pays a higher amount one month randomly so his monthly cms amount plus more then when the following month is due says that the extra amount was for future payments (2 months) so in effect he’s saying he’s paid that month plus 2 months in advance is this right? Circumstances could change during this time so amount could change! 

Cms told me to still report missed payment as per schedule but they will ask for evidence if there is a dispute. Will he need to provide evidence or me? And what evidence would they need? 

Penguin_

I think as long as the payments (in this case over the 3 months) level out to what was expected then that is fine.

star22yy

They don’t level out over 3 months but that’s beside the point I’m asking about if next week for instance he becomes employed then his cms amount payable would change so then what? So there’s that and then if he was to ever provide more for his kids(extra) some months he can than use that against them in future months? Not to mention the fact financially/morally how can afford to pay a lump sum in advance like he’s saying on the circumstances he’s declared (benefits) 

I could understand mabye if he said I’m going to pay x amount of months in advance ok but to pay whatever amount he wants and then later decide that was for future months in advance rather than sticking to his schedule. The amount he paid doesn’t add up either 

Still doesn’t answer what evidence cms would need 

tacpot12

The CMS may ask you for evidence that a payment has been missed. This is slightly difficult as it required them to know about every account you have and every payment you have received! However, they will normally accept a bank statement showing how and when payments normally appear when they are paid, and a bank statement showing that no such payment was received when it was expected/required.

If you show them that a payment has been missed, the CMS will ask the nrp for their evidence as to how much they earned in each period, and will work out if the prepayment covers the amount that they own. If it does not, they will require the nrp to make a balancing payment. 

star22yy

Thanks tacpot but that doesn’t answer everything he’s on benefits so he pays £7 a week on his last payment date due he sent more than the scheduled monthly payment no reason given then when next payment date was due he then said that extra was for future payments. What I’m asking is he allowed to do this? For instance if he sent money for help with school uniform for example along with his regular scheduled monthly amount can he then later on say I dont have to pay anything for a few months because of this amount or should he be sticking to the schedule and any money over and above his liable amount he wishes to make be classed as voluntary? If he’s allowed to pay months in advance what’s stopping him paying for the year in advance then finding work mid assessment year and not telling cms? 

 

I believed cms stick to the amount and date on payment plan and any other monies aren’t included as then paying parents can say I’ve gave recovering parent xyz so I don’t owe cms this month 

ZaSa1418

If it is direct pay as long as it evens out and he can prove he has paid i doubt a complaint will come to anything. Technically we are meant to be paid monthly but we get paid weekly instead, it comes out in the wash so not worth the hassle of complaining. I assume if your ex gets a job it will come up in the yearly review and then sorted out that way

star22yy

thanks zasa the amount doesn’t add up its 3 months plus a random £10 if he had said there’s £40 for shoes for daughter and then a few weeks later says I’m not paying this month because that £40 is this months cm that’s not right is it? The amount he transferred wasn’t from his account and there was no child maintenance in the reference. Cms had said if he paid more then that’s his choice but they only go with schedule so if he doesn’t pay amount in schedule on that date then they will deal with it so that’s what’s happened is it not? He’s made a choice to provide a higher amount that month? 

turnitround

Did you query why he had paid the extra at the time he paid it. If he was paying on advance then why did he not say that at the time, or did you not ask?

ZaSa1418

If it is money for an agreed extra like shoes or uniform then no he can't turn around and say that. All the CMS will do is suggest you move onto collections which will incur fees for both of you.