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Surprise, Surprise CMS letter

JC83 said:
Hi DadLad,

I’m still very early on in the process (got my FHDRA soon) and my ex applied for CMS pretty much straight away. They base it on the number of overnights you have your child and certain things can be offset as expenses. Surprise, surprise ex is not allowing me to have overnights.

Have you looked at the CMS calculator to check the amount they are requesting seem correct?

www.gov.uk

Calculate your child maintenance

Use this calculator to work out an amount of child maintenance for your children.
www.gov.uk www.gov.uk

When I recently tried to get contact centre fees classed as expenses they said no. Apparently the child support (variations) regulations 2000 detail expenses that can be offset but I haven’t looked at this yet:

The Child Support (Variations) Regulations 2000

These Regulations provide for variations to the rate of child maintenance payable under the Child Support Act 1991 (c. 48) (“the Act”) consequent upon the introduction of changes to the child support system made by the Child Support, Pensions and Social Security Act 2000 (c. 19). Subject to...
www.legislation.gov.uk www.legislation.gov.uk
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Did they write to you advising you cannot claim contact centre fees? If they did then you can apply for a mandatory reconsideration, if they still say you can’t you can take it to a tribunal (All at no cost to you) if you present your case well enough, you can get contact centre fees included in child support (variations) regulations 2000 detail expenses. This setting a precedent for all paying parents. This may deter many RP from using children as a weapon for monetary gains.

If they didn’t write that to you, you can request it and then ask for mandatory reconsideration and then tribunal.
 
Nanaforsonsjustice said:
Did they write to you advising you cannot claim contact centre fees? If they did then you can apply for a mandatory reconsideration, if they still say you can’t you can take it to a tribunal (All at no cost to you) if you present your case well enough, you can get contact centre fees included in child support (variations) regulations 2000 detail expenses. This setting a precedent for all paying parents. This may deter many RP from using children as a weapon for monetary gains.

If they didn’t write that to you, you can request it and then ask for mandatory reconsideration and then tribunal.
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Hi Nana,

Yes they did write to me saying that. Do you know if I can apply for a mandatory reconsideration through the CMS portal?
 
JC83 said:
Hi Nana,

Yes they did write to me saying that. Do you know if I can apply for a mandatory reconsideration through the CMS portal?
Click to expand...
Hi,

You would need to complete the below form or write a letter explaining why you want a mandatory reconsideration advising in detail why you think the costs should count as special expenses, ie without paying the costs you wouldn’t be able to see your child. The details of where to send it should be on the letter where they advised they cannot take contact centre costs into account as special expenses, or on any letter you have from them. I’m not sure if this address is a generic one though:
Child Maintenance Service (England, Scotland, Wales cases)
Child Maintenance Service 21
Mail Handling Site A
Wolverhampton
WV98 2BU

When you send the document ask the Post Office for free proof of postage - you might need to show when you sent it.

 
Great tip Nana :-). It may be a lengthy procedure but it would be great if it set a precedent in future
 
Ash said:
Great tip Nana :-). It may be a lengthy procedure but it would be great if it set a precedent in future
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The mandatory reconsideration will normally just be read by some random at the CMS office, they then send a letter to say standing by their original decision, normally a 3 week turnaround. Once you have their response, you go appeal using the below form. This will normally be six weeks till a hearing date and then only 1 day in court and decision given on the day.

https://assets.publishing.service.gov.uk/media/63ecb548d3bf7f62e7356d45/sscs2-eng-01-22_save.pdf
 
Ex has asked for collect and pay, I've asked for direct pay to avoid the 20% surcharge.

Can she still refuse direct pay and on what grounds?

Surely the 20% charge should be on her for none compliance?
 
I guess you'll have to try and sort this with CMS.
 
DadLad said:
Ex has asked for collect and pay, I've asked for direct pay to avoid the 20% surcharge.

Can she still refuse direct pay and on what grounds?

Surely the 20% charge should be on her for none compliance?
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I believe the collect and pay is taken out of the CMS you are liable to pay and not on top.

For example:

If 1 child is 10% of gross salary depending on overnight number

Income of £1000 per week gross
Is £100 per week cms
20% collect and pay means ex gets £80 per week.

You are not obligated to pay any more than the legal amount which is based on overnights.

If ex is trying to claim more than you call up cms or email them the court order which states the number of overnights per year.

By ex demanding collect and pay , she actually gets let than by private agreement.
 
Pj66 said:
I believe the collect and pay is taken out of the CMS you are liable to pay and not on top.

For example:

If 1 child is 10% of gross salary depending on overnight number

Income of £1000 per week gross
Is £100 per week cms
20% collect and pay means ex gets £80 per week.

You are not obligated to pay any more than the legal amount which is based on overnights.

If ex is trying to claim more than you call up cms or email them the court order which states the number of overnights per year.
Click to expand...

I think it is payment + 20% added on top plus 5% dedicated from ex receiving.

I spoke to CMS yesterday and they have said that because you are compliant then direct pay is first choice.

But knowing my ex she will refuse to give her bank details over and will still claim the old DA story.
 
For those under “direct pay”, where the CMS calculates the rate and payments are made between parents, there are no collection fees.

For those using “collect and pay”, where the CMS collects and passes on payments, the non-resident parent must pay an extra 20% of the maintenance due and the person with care (of the child) receives 96% of the child maintenance allowance paid by the non-resident parent.
 
How olds you court order?

"You can’t ask the CMS to arrange maintenance if you get maintenance under a court order which is less than a year old."
 
Pj66 said:
How olds you court order?

"You can’t ask the CMS to arrange maintenance if you get maintenance under a court order which is less than a year old."
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There is no court order for CMS or any mention of CMS.

The ex made an application to CMS the same day she lost the FF
 
DadLad said:
There is no court order for CMS or any mention of CMS.

The ex made an application to CMS the same day she lost the FF
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Ah ok I interpreted it as can't get maintenance under a CAO order that's less than a year old.

Seems you have no way around it then , direct pay under CMS or with collect and the surcharge.

You are only obliged to pay the number of nights though and if she's claiming there is less and you are claiming theirs more nights, then that order needs to be provided to cms.

In terms of paternity , CMS will process claim until proven otherwise so there's no point in delaying the process.
 
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