CMS taking money for children who live with me?!?

December 9, 2019

Very briefly. Around 25th Sept 2019 I received a letter from CMS informing me that my ex-wife had applied for Child Maintenance for our two sons. It came as something of a surprise because the boys live with me. They used to live with her and I paid an informal arrangement but her new partner insisted she go thru the CMS. Unfortunately shortly after her application her partner assaulted our son so both now live with me permanently. According to the letter I received it was three days after her claim was initiated that our children moved in with me.

I’ve told CMS this permanent change of circumstances. As Social Services are involved I have invited the CMS to verify the facts with them. I’ve told CMS to contact my ex to confirm she no longer cares for our children. I’ve invited the CMS to contact the boys school to confirm the situation. CMS have to date done none of those things.

Last month an amount was deducted from my salary via DEO to give to her for the kids I have permanent care of. I telephoned CMS and they said I had to claim Child Benefit for the boys to effectively verify my claim. I contacted Child Benefit to learn that my ex was still claiming Child Benefit for the boys in addition to her CMS claim. It is recorded as a “rival claim”. Child Benefit are investigating but until they conclude their report they cannot grant me Child Benefit. So I returned to CMS with this information. They told me that wasn’t good enough. So not only have they taken a deduction from my salary for the boys who live with me, but they have told me they will be taking another deduction this month AND cannot guarantee that I will be reimbursed or that the deductions will stop. I’m paying my ex-wife Child Maintenance for children she doesn’t have?!? And because she’s still claiming Child Benefit I can’t access that either!Despite the fact that I have reported her to the DWP for fraud.

So, she’s denying my Child Benefit through her fraudulent claim and CMS are rewarding her by deducting more money from my salary to pay for the boys she doesn’t have. I’ve tried talking to CMS but they just robotic script-speak. I wrote a letter of complaint to their offices requesting an acknowledgement of receipt and they cannot/will not even do that. According to their own records my letter was received on the 20th November 2019.

I am at my wits end. I’m trying to provide for the boys but its so tough when I’m paying my ex-wife for children she doesn’t have and I cannot access my Child Benefit.