CMS pluck arrears from thin air when they actually owe me!

February 8, 2018

CM payments commenced Dec 2014, as the CMS had used a previous tax year for their initial evaluation I immediately appealed their decision. The process took some time however on the 8th Feb they provided a determination.

Letter dated 8th Feb 2017 from Select team (Appeal services) provides details of implemented payments.

At point 3, pge3 they acknowledge that the online calculator is accurate.

I provided evidence as to the number of nights my son was with me which was at a slight varience to my ex and as ther was no signed agreement between myself and my ex they incorrectly gave her the benefit of the doubt.

She would not formally agree to a Child arrangement and despite mediation refused to be diverted from her ability to dictate.

As an example. For my 2 children.

Between Jan 2015 to August 2015 my payment was calculated at £117.84 / week (£510.64/Month) a total of £4085.12, my actual payment was £4690.47 however online calculator provides a figure of £3843.65. an overpayment of £846.82.

1 child from Sept 2015

Joint residency took place from May 2015 and CMS were informed by both parents to this effect.

Despite the fact I was no longer required to make payments I continued until confirmed by CMS. They have refused to acknowledge the joint residency or respond correctly to correspondence.

Online calculator since 2014 to May 2017 provides a total payment figure of £9748.60.

As I continued to make payment to Dec 2017 I have now paid £12,180.47 resulting in an overpayment of £2431.87.

Q. If according to CMS direct pay and the online calculator is the preferred option why then am I not permitted to avail of the service.

I constantly informed CMS I was direct pay and never missed a payment.,which i can prove.

For reasons unknown CMS tried to enforce collection through them, this service is an additional 20%, as I have never missed a payment (see statements) I refused.

Considering CMS assessed figures over the same period I would have been liable for a total of £14,518.88, having made a total payment of £12,180.47 would give arrears of £2338.41.

Q . 3rd Jan 2018 CMS write informing me the order is for arrears of £5333. CMS on 29/1/18 now state I am currently in arrears of £5806.08. How the increase of approximately £500 in 3 weeks?

Joint/equal residency remains in place.