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CMS - What can I do?
bilko89
Posts: 209 Forumite
I had been making payments in an informal agreement with my ex for over a year...I based the figure on CMS own Calculator after massively over paying for months (£600/M - Calc says £371/M). I was happy with this arrangement until I started having my daughters staying overnight a lot more often...I was of course delighted with this but the payment I was making was not fair and based on the girls staying with me between 2/3 nights per week, some weeks they stayed 4 or 5!
With Christmas coming up and of course my increased costs having the girls over more, I told my ex I would not be making a payment in November and December, as I have the girls half the time, it was fair and we would reconvene in January to discuss. She cut off communication between her and I and applied to the CMS. The calculation came out the same as what it had before, £371 via direct pay, but I refused to pay and uploaded messages between her and i, a full spreadsheet with the previous 2 months schedules etc...to appeal the calculation but they ultimately rejected it.
I now have the issue of the payment method changing to Collect and Pay and the amount increasing to a ridiculous £540 with their fees added on (and arrears I'm assuming).....The first payment of which is due in March....I have sent in a Shared Care case and uploaded a letter my lawyer has drafted to my ex, asking for a more structured schedule, which is split right down the middle.....Not sure how this will prove my case but I'm really lost right now and genuinely see why so many dads have taken their own life through all of this....basically she doesn't have to prove anything and collect the cash but I need to prove everything and while they sit on it, I need to continue to pay, it's a scandal!
I know for a fact she will reject my offer from the lawyer on the revised schedule, what can I really do here? I have life360 with my kids and can literally prove where they have been but CMS don't care and want something legal in place before they will accept I'm telling the truth.
Any advise at all would be appreciated but I'm at my wits end with this.....
With Christmas coming up and of course my increased costs having the girls over more, I told my ex I would not be making a payment in November and December, as I have the girls half the time, it was fair and we would reconvene in January to discuss. She cut off communication between her and I and applied to the CMS. The calculation came out the same as what it had before, £371 via direct pay, but I refused to pay and uploaded messages between her and i, a full spreadsheet with the previous 2 months schedules etc...to appeal the calculation but they ultimately rejected it.
I now have the issue of the payment method changing to Collect and Pay and the amount increasing to a ridiculous £540 with their fees added on (and arrears I'm assuming).....The first payment of which is due in March....I have sent in a Shared Care case and uploaded a letter my lawyer has drafted to my ex, asking for a more structured schedule, which is split right down the middle.....Not sure how this will prove my case but I'm really lost right now and genuinely see why so many dads have taken their own life through all of this....basically she doesn't have to prove anything and collect the cash but I need to prove everything and while they sit on it, I need to continue to pay, it's a scandal!
I know for a fact she will reject my offer from the lawyer on the revised schedule, what can I really do here? I have life360 with my kids and can literally prove where they have been but CMS don't care and want something legal in place before they will accept I'm telling the truth.
Any advise at all would be appreciated but I'm at my wits end with this.....
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