I want to start by saying I understand my case is in no way special, or unique, nor is it the worst – by a long stretch! – and that is why something needs to be done – this has become accepted as normal! Like many fathers who end up having to deal with CMS, I was first dragged through the family court, having to defend myself against many false accusations, mostly used as a delaying tactic to stop me seeing my child, and as a reason to gain legal aid, but in addition to this, the family court was used as a method of quite simply, causing upset.
Having made it through a year of dealing with the police, CAFCAS, solicitors, doctors, and social services, and having spent over £50,000 putting myself and parents severely in debt to see my little boy, the Child Maintenance Service is now being facilitated as an addition to this vexatious litigation.
I’ll be telling my story, start to finish, here. Hopefully this will show exactly why something needs to be done to change the way the CMS operates.
I believe the Child Maintenance Service should be investigated for predatory and dishonest behaviour.
I have paid more than the amount I am liable to pay based on actual, current income figures.
I refuse to pay the additional charges added by the CMS as these charges were added fraudulently.
I called CMS to explain that I was working part time/as and when work on an agency, and that one week I had worked lots of shifts, but in the weeks following been unable to secure the same amount of shifts – and I would be unable to afford the same payments, and would in fact have to pay more than my income.
Believing they were helping me, I was advised to stop paying, and they would take the money directly from my wage. This way, it would be impossible for them to take more than my wage.
Unfortunately I was naive, and didn’t realise it was in their interest for me to be on a deduction of earning order (DEO) as this would enable them to add fees, take whatever amount they want, and most importantly for them, create fictitious arears.
I was also told this would only take place for six months, but was on DEO for two years, only coming off as I set up a limited company.
Unable to take money directly from my wage as I didn’t have one, they tried to rush my case through court to gain a liability order for a made up amount, based on the previous years earnings, when in fact I had been contesting this – providing adequate evidence for a nil assessment. (Even with a nil assessment I intended to pay what I could.)
The Child Maintenance Service add 20% to the amount you are liable to pay for their own profit. They add an amount for setting up your account. They then add an amount for enforcing their payments when you contest them. Then, when they try to rush the case through court before settling outstanding queries and complaints to gain a liability order, they add another £300 to the amount. All this would be unnecessary if they used actual income figures, rather than cherrypicking your highest income figure, or completely making them up.
Carrying on like this is simply unsustainable and something will have to give eventually.