How can I give the CSA money that I don’t have?

February 6, 2015

After 15 years of marriage my wife had an affair with a guy in the same village, I left her and the house thinking we could sort things out without any involvement from the CMS however how wrong was I.

In Jan 2014 I had a letter saying that my ex wife has approached them to sort out child maintenance payments, I swiftly responded saying I am already paying money into her account but I was told to stop making payments and go directly via the CMS.

After 3 months I had a letter saying they are using my gross wage figure to work out my payments and because my ex told them I don’t see my children I was to pay the higher amount, I argued that I do see my children every other weekend ( Friday to Monday) and every other Wednesday over night but they told me that have to listen to my ex the mother over what I was telling them, even though I sent in written statements confirming that in fact I do have my children as stated above.

I even had a statement from my daughters school saying I pick them up and drop them off, to the CMS this was not good enough and I was told that the only way to prove I have the children is to obtain a court order, I did obtain a court order at a cost to me of £3400 money that could of gone to the children rather than my solicitor.

The court order was granted and I was given every other weekend ( Friday to Monday) and every other Wednesday overnight, I contacted the CMS after I sent in the court order to say my payments should go down so I was paying slightly less as I has proved I was in fact seeing my children in the first place.

In December 2014 I received my annual review saying I owe £1220 because the CMS have made a mistake in my wages calculation they in fact forgot to take into account my company car! I am in constant battle with the CMS because they are trying to tell me that my company car is worth £5000 a year Ontop of my gross salary.

I’ve told the CMS time and time again I do not receive this money as it a car I use for work and work only and the CMS will not budge so the money they are asking for I simply do not have as the CMS think I earn more than I actually do I’ve even sent in my P60 and payslips but they are adamant that they want my monthly payments based on my gross income plus £5000.

I have worked it out that for the next 8 years 47% of my wages will be going to my ex partner and I’m left homeless meaning I will have to give up my home and move to my mums 2 bedroom house and not able to have the children because I simply do not have the money left to pay bills, in actual fact I would be better off unemployed!

As a direct result of the CMS incompetence and legislation Any advise or help would be most welcome I’ve even been to my MP who agreed it’s ridiculous but there is not much he can do.

Comments

  • mary says:

    Child Maintenance Agency/Division/Service/Department or whatever title they currently use should apply the legislation. The Law states that Decisions should be Just & Equitable. Each case should be decided on the particular circumstances of the case, not a one size fits all approach. Maintenance calculations should be based on ACTUAL INCOME not NOTIONAL INCOME. Notional income should only be applied where the circumstance of the particular case are that the NRP has chosen not to take an income from whatever source available to them. The Just & Equitable rule should be applied to Maintenance decisions and Variation decisions. The particular circumstances of each case should be considered. Decision makers should also adhere to Case Law. Commissioner’s Decisions become Case Law. How many Decision Makers have ACTUALLY ever seen a Commissioner’s decision? Is Case Law even included in their training? Lodge an appeal against your decision in all cases where the Just & Equitable rule has not been applied. If the Tribunal decide in CMS favour, Tribunal have to record their reasons for Just & Equitable. Should the Tribunal decision err in Law, you can appeal to the Commissioner. Google Commissioner’s Decisions, select Child Support and read the current Case Laws. These decisions identify what errors of law are. By the by, CMS have again changed the goal-posts (another cost cutting exercise). Before a Tribunal, CMS will review their decision. I HATE THE FACT THAT CHILDREN HAVE BECOME PAWNS IN THEIR PARENTS CHILD SUPPORT CASES. Both parents should maintain their children. Maintenance not lifestyle choices! I urge Child Support Decision Makers – go on mass to your line management and demand that your are given appropriate training on the Just & Equitalbe rule and training on Case Law. I do feel for the staff of Child Support also, all that stress from PWC and NRP whilst trying to make decisions on a system that IS NOT FIT FOR PURPOSE and legislation that they have not been given the appropriate training for.

  • mary says:

    The Appeal process has not been done away with. What has happened is that CMS have to do a mandatory reconsideration of decision. Following mandatory reconsideration the PWC and or NRP still have the right to appeal directly to a Tribunal. Do not believe anyone who tells you that there is no right of appeal for a Just & Equitable decision.

  • simon pike says:

    it seems that the wonderful book keepers at the CSA cant do there maths dosent it ! im being ripped off for a debt from 5 years ago that was there fault to begin with ! i have already lost one flat because of them and was left homeless for 3 years and now it could happen again there a joke the whole thing needs to be shut down now before they carry on ruining peoples lives

  • Richard Spencer says:

    Sorry Mary, I don’t think you’ve ever dealt with the csa you are just trying to come across ‘high and mighty’ and stating law, the csa are a law unto themselves. Time to get with the real world.

    Here is the advice (it’s going to be a long process), write a complaint, go through the full complaint procedure (trust me this will take several years), keep everything they send to you. If you are still not happy (even if you are, ensure they carry out what they have said) go to the Independent Case Examiner. Even going to the ICE is not easy, you have to have been right through the csa procedures before they will take the case on (there are no short-cuts). When I got to the ICE it was then another year before they (after lots more letters to and from them) came up with a decision, and I know it’s difficult to believe, but it was in my favour. I am now getting maintenance owed to me (from 5 years ago) and also received compensation payments from the csa.

    Stick with it, keep the documentation, keep writing to them when they do not respond within their own timescales, it will all serve as ammunition when you reach that glorious day when the ICE take your case on.

    I’m not going to say that the compensation is a great deal of money, but to get the ICE to say you are right and the csa are wrong is just ……….. priceless.

  • Jo Spencer says:

    Hail Mary mother of the judicial system. I don’t think that you have ever dealt with the CSA/CMS and for all your statutes and laws you forget the fundamental issue that there is a person here asking for help. If you would like to continue to site verse and chapter to the unaffiliated that’s all very well but for mere mortals it’s about as much use as talking to the CMS. From your response I can only ascertain that you are employed within the legal system and therefore, rabbit statuary law verbatim because it is your profession. That aside, I have no doubt that some aspects of what you preach are possibly true. What you should have told this person is that no legal counsel in the country would have touched his case with a proverbial ‘barge stick’ and never would. The ‘system’ as it where is irreprehensible and will not deliver justice. The CMS or whatever it cares to be called is a QUANGO (officially it is not a QUANGO as it is a governmental organisation, but as far as the wider public is concerned it is) and will operate within it’s own boundaries leaving this person to suffer, with no recompense when even found guilty (yes mother of God, I know).
    To the person concerned, go through the complaints procedure and hope to finally reach the ICE or put faith in ‘our lady’ and hope that God (the law) will provide the answer. I know which one I’d put money on.

  • >