Does CMS really work? 19 January at 5:30PM in Child support 9 replies 142 views

Clouds88

Hello,

my ex (dad of 1st dd) has paid me £100 PM for the last however many years but didn’t pay anything this last year, then didn’t respond to my message. I am currently out of work and about to move house, funds are tight, I have 2 more children. 

Anyway, I went to CMS as I feel he should still pay something and know he’s in a good job. Anyway they have got back to me and he’s on an even better wage than I ever thought, the payments to me that are due are a lot but I can’t see him paying them seeing as he wouldn’t even part with £100 this year. Can they really make him pay? Is there a way he can get around it at all?

poppy12345

Payments can be deducted from earnings. More information here. https://www.gingerbread.org.uk/information/child-maintenance/enforcing-payments/enforcing-payment-of-cms-child-maintenance/

and here https://www.citizensadvice.org.uk/family/children-and-young-people/child-maintenance1/if-you-owe-child-maintenance (though that's more for your Ex than you)

ZaSa1418

When is the first payment due? Normally they give him a chance to pay you directly as to not incur collection fees but if he doesn't pay up you can ask them to collect directly. 

Clouds88

1st payment isn’t due until 28th February, although it says arrears of £260 so not sure when/if I will get that before or ever lol ok I will wait and see but won’t hold my breath.

Penguin_

Arrears may be added onto the monthly payments for x months.

tightauldgit

Clouds88 said:

Hello,

my ex (dad of 1st dd) has paid me £100 PM for the last however many years but didn’t pay anything this last year, then didn’t respond to my message. I am currently out of work and about to move house, funds are tight, I have 2 more children. 

Anyway, I went to CMS as I feel he should still pay something and know he’s in a good job. Anyway they have got back to me and he’s on an even better wage than I ever thought, the payments to me that are due are a lot but I can’t see him paying them seeing as he wouldn’t even part with £100 this year. Can they really make him pay? Is there a way he can get around it at all?

Yes, they will make him pay. He will be told what he has to pay and will be given a chance to make arrangements to pay it directly to you. If he doesn't do that then them they will collect it from him and he will have to pay more in the long run as they load the costs of collection onto the payer also. 

There's probably ways he can get around it - he could quit his job, or disappear off the face of the planet - but presuming he's in employment and PAYE then there isn't much he can do without causing himself a lot of hassle. They'll deduct it from his earnings at source if he doesn't pay up.

CurlySue2017

As others have said, yes they will make him pay and yes you should pursue it. 

As the above poster has said already, unless he goes completely off grid they will get the money out of him.  Even if he does quit work, he will still have to pay out of any benefits he gets - allbeit a lot less but still.

The CMS are not easy to deal with mind you but don't give up

Clouds88

Thank you for all your comments. He is not the type of person to quit a job especially when he earns close to £100,000, has a mortgage and wife ect. He would lose way more than what he has to now send for his daughter.

I will just wait and see what happens on the 26th feb! 

tightauldgit

Clouds88 said:

Thank you for all your comments. He is not the type of person to quit a job especially when he earns close to £100,000, has a mortgage and wife ect. He would lose way more than what he has to now send for his daughter.

I will just wait and see what happens on the 26th feb! 

I realise it's a bit of crying over spilt milk but why did you ever agree to him paying only £100 a month in the first place if he's earning that kind of money? He should probably be paying at least that every week and quite possibly significantly more depending on circumstances.

Clouds88

I think he’s only been on that much for the last year or so. I have thought he was on good money for the last 5 years but haven’t said anything. 

We had our daughter younger so I didn’t want to ruin his life and let him just build his career/future ect whilst taking the burden myself but I was so furious that he’s got everything in his life now and then stopped paying.