CSA to CMS

[markburtonmark]

CSA to CMS
Thousands of you out there are appealing your child support payments as your being transferred to the ‘Child Maintenance Service’ before the 2018 deadline. Also many disabled people have also been challenged by the new CMS when incapacity and DLA changed to ESA and PIP.
In our case we successfully proved the children were not attending further education over 11 hours a week and therefore CMS payments are not payable.
We also proved fraudulent claims for child benefit when one child didn’t even live with the mother!
We also successfully proved the grandparents had care of the children 5 days of the week and overnight stay, thus the mother was only entitled to 2/7ths of all child support payments made since 2002.
The CSA flatly denied the grandparents contribution, as their a THIRD PARTY! However justice has now prevailed and out of £13,000 CSA arrears, we now only have to pay £2,000 to close the case!
We now have to address the CMS £87.50 collection fee arrears when I have only ever paid my ex-wife directly via standing order since July 2015. The second tier review team referred these false arrears to be cancelled, way back in November 2015, unfortunately nothing ever happened and they still ‘incompetently’ appear on his new August 2016 review payment schedule.
Yet again on the 15th August 2016 the CSA no longer have the old arrears case file, neither does the child maintenance service despite a payment normally due on 18th August 2016, we have no new payment details from the CMS after the court hearing, on the 28th July 2016!
I don’t want to say it but the CMS is nearly as bad as the CSA was! When the decision notice came through form HMCTS it failed to include / declare any of the other agreements CSA / deals made at the court hearing. Consequently despite the mother agreeing to stop £7 a week CMS payments, I have now received a new payment schedule!
It’s ironic that after contacting the CMS three times since the court hearing on the 28th July 2016 despite the court hearing and a legal judgement / agreement that my ex-wife agreed to stop CMS payments, the incompetent staff at the CMS are holding out for the 1st September to check with the child benefit agency if my ex-wife stops claiming “child benefit”.
ERR! Doesn’t an agreement in a court of law to stop child maintenance payments “out rank” the authority of the CMS? Or the child benefit agency.
Apparently not! And isn’t it true to say my ex-wife doesn’t have to claim CMS, irrespective of claiming child benefit anyway?
So much for the procedure manual trained CMS staff, who only do what they are told to doo, if it’s not in their training manual CMS staff don’t think and make decisions themselves, (common sense).
I suppose my CMS case file and court decision notice lay in a big box in a back office yet to be processed because the CMS don’t have enough staff to process it yet and the new computer software to process it is in turmoil?
I have subsequently written to the court for the ‘decision notice’ to be ‘corrected’ yet more unnecessary incompetence from the staff at HMCTS and the child maintenance service!
Conclusion
I suppose as I don’t have account details to pay my CSA arrears into, I’ll get an enforcement notice to appear at court so I can prove I couldn’t make any CSA payments because the CSA and CMS haven’t got my CSA file, and the unsolicited CMS “collect and pay arrears”, that don’t apply, as I’ve always paid directly by standing order into my ex-wives bank account?
Let alone the new August 10th payment schedule that I shouldn’t pay as my ex-wife agreed at court to stop payments after the 28th July 2016.
It’s an absolute “CMS fuck up”.
I have now received a copy of the minutes of the hearing and there is no mention of the Judges recommendation or the CSA / CMS officers’ discussion over the CSA arrears and the £2,000 deal!
I would therefore suggest everyone to make sure you ask it to be noted down in the minutes, otherwise it will be totally ignored and nothing will happen about it as we only have the honesty of the CSA / CMS officers word!
Make sure all hearings are “recorded” correctly! As this incompetence could course paying parents a miscarriage of justice!
Selective Report Writing
Is the scurge off all public sector authorities, it leaves “inconclusive, unclear, open to individual interpretation, contradictory facts and misrepresentations”.
True accurate report writing, is virtually “Word Ver Bateum” with a start, middle and end of a full clear and defined conclusion which is not open to individual interpretations.
Selective Report Writing
Open to individual interpretation, “The cat rested”.
Accurate Report Writing, “The cat sat on the red mat and then laid down and went to sleep”.

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