Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

[Enforcer]

Annual review, once again CMS got it wrong! No pension contributions taken into account. Letter sent by special delivery explaining that they have made an "administrative error" and copy of tax return showing contributions. Not holding my breath as they are totally incompetent.

[Enforcer]

Went on for another 3 tribunals.Cost me around 15,000 in fees to sort this mess out! Final decision after long delays due to covid, CMS official representative when asked by judge to present their case said it is quite obviously wrong! then when asked if he would like to enlighten them on his comments just said no maam, and sat down. Everything was silent for a moment. Final tribunal Feb 2001 then took until August 2002 for Cms to sort out paperwork. Meanwhile during proceedings cms issued a lump sum deduction order for six thousand five hundred and cleared sons bank account. When speaking with cms manger sorting figures she said it was probably the worst case of mal administration she had to deal with.
Cannot claim any costs back, they did refund the two hundred court costs for deduction order but could not repay overpayments as money had already been given to parents with care. No maintenance to pay until overpayments cleared. Just glad it is sorted at last.

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Child Maintenance have issued a deduction from earnings notice to the company, saying we must take £925 a month directly from wages every month. Still not done a proper assessment on what he should really be paying.

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Son is now paying £1,108.20 a month in child maintenance. Obviously cannot carry on at this rate. New ltd company formed and started trading as of 1st January. Written to CMS to advise change of circumstances, now wait for the S--t to hit the fan! Expect another tribunal date in the near future but now taking proper legal advice on this case.

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Gone through all the paperwork from the Tribunal, written to accountants for advice, but as it stands we would be wasting our time spending any money on appeals, need everything to pay arrears and on going maintenance. will wait for final figures but looks like son will be paying between £1,000 and £1,200 a month for at least next 2 years. If they decide on a lump sum order this will about clear out the business account. Really don't think that he will be able to live and pay his mortgage, may have to move back home.

[nanna58]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Son finds them rubbish , single dad of 2 boys she paid 2 months in 8 yrs and stopped direct debit ( cos she wanted a holiday) now to take it further he needs to pay £20 .00 . They awarded £40 per month for the twins.

[alland]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Thanks for the reply, just had the decision from tribunal, will have to appeal to second tier now. The Judge is re writing the law relating to 1890 partnership act, trying to attribute most of the partnership earnings to my son. Has sent me a new set of accounts rewritten showing that my son has earned the majority of the business income! Totally wrong in law. This is, and always has been my business, Judge has only allowed £10,000.00 a year as my earnings? Cannot work out what planet the CSA are on. Will now have an arrears notice for over £12,000 owing by my son. Going to Child Support Solutions for professional representation, even if it cost me £10,000+ No option. The system stinks!

Good luck with sorting this mess out, I have a feeling our issues may well mirror yours in the not too distant future. Your quote "what planet are the CSA on" brought a smile to my face, they are exactly the words my Son said to me following their latest demands !

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Thanks for the reply, just had the decision from tribunal, will have to appeal to second tier now. The Judge is re writing the law relating to 1890 partnership act, trying to attribute most of the partnership earnings to my son. Has sent me a new set of accounts rewritten showing that my son has earned the majority of the business income! Totally wrong in law. This is, and always has been my business, Judge has only allowed £10,000.00 a year as my earnings? Cannot work out what planet the CSA are on. Will now have an arrears notice for over £12,000 owing by my son. Going to Child Support Solutions for professional representation, even if it cost me £10,000+ No option. The system stinks!

[alland]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Is your son a partner in the business, a director, employed or self employed? All come under different rules. Also, when did Child Support Agency become involved? Different rules apply under 2003 scheme and new claims after 25th November 2013. All becomes rather complicated.
So far, every single assessment made by CSA & CMS has been wrong in law. Waiting for the outcome of our 4th Tribunal hearing next week.

Please accept my apologies, I had missed your post.

Yes my Son is a partner in the business,the CSA became involved earlier this year when his ex wife decided she wanted more money off him to maintain the lifestyle she was used to before the split, besides the money she wants she's currently sitting pretty in a 4 bedroom detached house in a nice suburb living off child maintance payments from her first ex husband and now from my Son and whatever other benefits she can get her grubby hands on.
And we are pretty sure she's moved in the younger guy who she traded my Son in for....but without us hiring someone to watch the house and colate evidence we can't prove that yet.

Because my Son would not pander to her demands for more money she has stopped him having any access to his 2 young children since May,

So far shes ignored the court order for the divorce legal costs awarded against her so no doubt my Son is going to have to spend a lot more on legal fees by the time he takes her to court for access to the children.
He is no longer bothered about the money he has invested in the house, he just wants access to the kids and a contract drawn up to say they have agreed whats his is his and whats her's is her's....but I don't think she'll play ball on that one...I suspect she will be after a lot more before it's all sorted, she's never had any input in the business and it was around for a long time before she came on the scene, but my Son's solicitor had warned him she may try for a payoff taking into account my Son's stake in the company.

It's all a big stess at the moment, I'll be glad when it's over and he (and me) can get on with life.....

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Letter today from HM Courts & Tribunals.
This is to inform you that mum number 3 has appealed against a decision of the Child Maintenance Group. The Child Maintenance Group has informed us that you are a party to the appeal. (Any person who may be affected by the outcome of an appeal is known as a party to it).

We make arrangements for the appeal to be heard by an independent Tribunal. We will be in touch shortly with information about how the appeal will be dealt with. Etc etc.

So I phoned the Courts & tribunal service today to find out what is going on. Still not had a decision from the last 4 tribunals.

They told me that a written decision has been posted today. This is a new case and we will receive a directions notice from the Judge.

Cannot believe that they have allowed another tribunal before we have had Judgement from the last 4!

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Just gone through the figures in detail as payment schedule did not match with payments expected of £66.16 a week. They have "created" arrears on account of mum no 2! Yet son continued to pay her £200 a month, which is far in excess of the original assessment. Letter going off today for an answer. If anything there has been a massive overpayment.

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

My son is now an employee and for the first time the CMS have got an assessment right! Had to set up PAYE, employers liability, auto enrolment pension scheme and asked accountants to sort out the purchase of son's share of equity in the partnership.
Still waiting for the decision of the last tribunal.
Had to advise the Judge and the presenting officer for CSA of the law. Will see what comes.

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Is your son a partner in the business, a director, employed or self employed? All come under different rules. Also, when did Child Support Agency become involved? Different rules apply under 2003 scheme and new claims after 25th November 2013. All becomes rather complicated.
So far, every single assessment made by CSA & CMS has been wrong in law. Waiting for the outcome of our 4th Tribunal hearing next week.

[alland]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

My Son is just beginning a fight with the Child Support Agency, even though he's paying his newly divorced from ex wife more than a fair amount she's trying to bleed him dry and it appears the pack of lies she's told the agency is working and they have now ordered my Son to pay more which will add up to the best part of £600 per month off him for the two children, add that to the £400 per month she gets off her first husband and the house she's living in for free and other benefits she's pocketing she's living quite a comfortable lifestyle, we are just waiting for her to try to get her grubby ltitle hands on money from the business ....

[Enforcer]

Re: Child Support Agency 2003 scheme Child Maintenance new scheme for cases after 25th Nov 2013

Went to Tribunal 16th July, Judge asked CSA to do calculations based on diversion of income, everything else thrown out. I pointed to CCS/1246/2002 decision by child support commissioner. The CSA are totally incompetent and do not understand their own rules. Anyway, a new directions notice for a 4th tribunal, God knows how much this is costing. Have decided to employ my son on PAYE all in progress with accountants.