CMS are going to put me in poverty over disputed collection fees

July 20, 2018

I have two daughters and I share their care. I have my youngest daughter (10) with me 5 days a week and I pick her up from school everyday, except Wednesday. She only stays overnight on a Friday and all day saturday till till 7.. (she used to stay every Monday but ex stopped this, and she is supposed to stay on a Monday during school holidays, court order). Eldest daughter is 15 and comes and goes…

CMS say I should pay £25 per week, and with this is mind I pay £109 per month into my ex wifes bank by standing order..But they also say I have collection fees, arrears and charges, (which I have always disputed).My ex says she is happy with £109 per month. I have had a letter from CMS saying that because I have not been paying the correct amount each month , that they are now going to take money straight out of my wages. They say they are going to take £278 per month,. I only take home £850 per month, ( I also get £49 per month working tax credit) If they do this, this will put my daughter and me in poverty. Although we are already there!!

I also pay £33 per week for my daughters dance lessons, straight from my bank. I have just paid half for new high school uniform and clothes, my youngest has a full wardrobe of clothes at my house. If I didn’t pay these things my ex would just stop me seeing the children. I have explained this to CMS and given them a letter from the dance school and receipts for clothes. I have tried to complain but they don’t reply. I have contacted my MP who has also been in contact with them. I don’t have money in the bank to cover the amount they want. I don’t know where to turn….


  • David Joseph says:

    Hi David

    It is difficult to give you a definitive answer to your problems without knowing the full facts about your case. The CMS should consider the number of nights/days you have your children and this should be reflected in the amount you pay. If you are having the child an equal amount of the time, you should not be liable to child maintenance at all.

    In regards the arrears, if you have always paid the exact amount demanded by the CMS, you should have no arrears to speak of and the alleged arrears should be challenged to the hilt. I strongly advise you not to deal with this on your own. Seek the help of a CSA/CMS specialist (for instance I can help).

    Collection charges will be incurred if the CMS are collecting the child support money on behalf of the Receiving parent. The amount you pay should have already taken this into account.

    I can help steer you through troubled waters if you need further assistance.

    Take care

  • David dears says:

    I have had a reply from CMS saying they have received my email and are going to investigate. I do feel and need some help with this

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