CMS - slow to process changes, can I just stop paying?

[MajorJ]

Background:

I have been split from my STBXW for 2.5 years. For the first 6 months paid double the required CMS amount. As the divorce proceedings stalled, I dropped to the CMS specified amount. I wanted to pay that amount informally, but my ex raised a case with CMS. It’s now setup as a direct pay arrangement (rather than via CMS taking a cut of the fees etc).

We have 3 children, 18, 14, 12.

I have just won a 50/50 shared lives with order from the court for the younger two. The eldest is now 18 and isn’t in approved education.

I have these challenges:

CMS are saying they may take 12 weeks to review the proposed changes, and if my ex disagrees it could take longer.

My ex hasn’t completed the forms with the Child Benefit Office to confirm he’s left approved education, and so, according to CMS I need to keep paying there.

What choices to I have? Dealing with CMS is painful (hours on hold and then little progress when you speak to someone - they just brush off issues to “the Child Benefit Office” or similar).

What are the consequences if I just stop paying? I don’t have to make the payments (one child is 18 and the others are 50/50) and I can evidence all of this. So can I just stop and let the CMS make some noise if they disagree?

Also, as the arrangement isn’t for payments made via CMS they won’t even see that the amounts aren’t being paid… so they may not even kick up a stink initially?

I’m battling through, but I can’t understand why it so hard!

 

[Peanut 21]

Is there a minimum amount you feel comfortable paying?
I wonder if you could continue to pay this bare minimum amount and when they finally get their backsides into gear (we can live in hope) you may be in credit.

 

[Roblox]

Hi

You say not via CMS. Do you mean by direct pay or private arrangement.

 

[MajorJ]

Is there a minimum amount you feel comfortable paying?
I wonder if you could continue to pay this bare minimum amount and when they finally get their backsides into gear (we can live in hope) you may be in credit.

Well, I wanted to just revert to paying half of uniforms etc.

If I end up overpaying by thousands and I’m found to be “in credit” when they finally get around to reviewing my case would that help me at all? My ex would have that extra cash… I’m guessing I would never see it again, which is why I want to fix it now.

I’m low paying half of the upkeep and a LOT in CMS, it’s not financially viable for a long period.

Thanks for the help

 

[MajorJ]

Hi

You say not via CMS. Do you mean by direct pay or private arrangement.

Direct pay, not a private arrangement. What I was trying to say was that because it’s “direct pay” CMS do not see when money has been transferred and how much.

 

[Roblox]

I see what you're saying. If you carry on paying you'll be in credit with with an unlikely way of getting that money back.

I doubt there is a right answer here. Have you ever missed a CMS payment

 

[mva]

I personally would simply stop paying. If you now get 50/50 and have a CO to prove and your 18 year old isn’t in education. Surely that’s a black and white case. The delay in CMS looking into it isn’t your fault.

 

[MajorJ]

I see what you're saying. If you carry on paying you'll be in credit with with an unlikely way of getting that money back.

I doubt there is a right answer here. Have you ever missed a CMS payment

Oh no never.

I’m just trying to wonder what happens if you miss a payment?

Do they issue fines?

Do they take you to court?

Do they ruin your credit score?

If all they do is say “hey, we think you owe this money please pay” and open a conversation with me, I should be able to respond and say “actually, I don’t owe because there’s a shared agreement”.

That’s better than waiting 12 weeks for them to respond. But I don’t want to do that if they’re going to get aggressive.

 

[MajorJ]

I personally would simply stop paying. If you now get 50/50 and have a CO to prove and your 18 year old isn’t in education. Surely that’s a black and white case. The delay in CMS looking into it isn’t your fault.

Thanks, that’s what I’m leaning towards. I’ve always just paid what’s been expected every time on time. So I don’t know what CMS do if they think you’re not paying when they believe you should be. If they just ask some questions, fine, but if they start sending debt collectors over then not so much!

 

[mva]

Thanks, that’s what I’m leaning towards. I’ve always just paid what’s been expected every time on time. So I don’t know what CMS do if they think you’re not paying when they believe you should be. If they just ask some questions, fine, but if they start sending debt collectors over then not so much!

Surely the worst they would do is say you owe backdated. But you don’t and can prove it. Have you tried calling them up. Explain the situation and simply ask what happens if you “theoretically” don’t pay. Can’t take about an hour to get through to them. If you keep paying your ex directly you will never get the money back , which you can now spend on your kids at yours.

 

[MajorJ]

Surely the worst they would do is say you owe backdated. But you don’t and can prove it. Have you tried calling them up. Explain the situation and simply ask what happens if you “theoretically” don’t pay. Can’t take about an hour to get through to them. If you keep paying your ex directly you will never get the money back , which you can now spend on your kids at yours.

I’ve tried calling today, on hold for an hour then it automatically hangs up. I will try again tomorrow at 8am when apparently you stand a better chance. Thanks for the advice

 

[Pj66]

I'd call them up tell them you have a 50/50 shared care order, and that you won't be paying anymore.

Ask if there are any arrears up to the date of that order, and then ask for details where to send a copy to.

 

[Ash]

My ex hasn’t completed the forms with the Child Benefit Office to confirm he’s left approved education, and so, according to CMS I need to keep paying there.

As I understand it she doesn't need to complete forms to say he's left education. It stops automatically unless a form is filled in to say he IS in further education. Doesn't sound right to me. Maybe what they meant is that they (CMS) have no evidence that the child isn't in further education and that can be a problem as you have nothing to prove he isn't and your ex is unlikely to give you that proof.

I wouldn't just stop paying without at least giving warning that you are going to be reducing/paying the bare minimum as it could impact on the kids if your ex gets furious - when she's expecting the income.

You don't have to pay for the youngest two. I would suggest sending a polite formal message to your ex along the lines of

"Hi. Now that xxxx is 18 and no longer in education, I understand there is no Child Maintenance to pay for him/her. And none for the other two due to the shared care order. I propose we share costs between us of anything xxx needs. I will be gradually reducing the child maintenance payment by x amount a month over 4 months so there is some adjustment time. Please let me know if you agree that sharing costs for all three children is acceptable. You".

ie you let her think that you know he is no longer in education and CMS no longer applies, and make it sound like you're being reasonable.

 

[Unknown01]

I would suggest you stop paying but leave the money in an account just in case the cut off point is not where you expect.