What to do about arrears you’re owed by the Child Maintenance Service

2 Responses

  1. Paying Father says:

    2nd letter in 2 months advising Collect & Pay as Ex has said not been paying. Onus on me again to prove paying not the Ex for trying to get more money via fraud. If she cant manage they need to tell her to budget and not waste tax payers money with false claims.

    When they send these demands the figures are always wrong and you have to fight to get them to accept the proof. Cms is not fit for purpose unless the purpose is to commit fraud, ruin relationships and force working parents onto benefits in order to survive.

  2. Jo Archer says:

    One point to add…if the arrears has been calculated AFTER an appeal to the First Tier Tribunal then they ARE true. The Fist Tier Tribunal is equivalent to a County Court. And the NRP is liable for the whole amount unless and until the decision is overturned by the Upper Tribunal. That said, the CMS appears to ask the NRP how much they would like to pay off the arrears each month and does not investigate whether or not the NRP is able to pay more or, indeed, pay the whole sum off in one lump sum. They do not require more powers but there is evidence (supplied to the Parliamentary Select Committee for Work and Pensions Inquiry into the CMS https://www.parliament.uk/business/committees/committees-a-z/commons-select/work-and-pensions-committee/inquiries/parliament-2015/child-maintenance-16-17/) that the CMS is not using those powers very often. You do not have the ability to go to court directly and apply for a liability order, neither can you transfer or ‘assign’ the debt to a third party to collect, nor can you charge any interest on the debts. This is unconstitutional.

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