Child Maintenance Top Tips.

Here is a list of top tips that will help to avoid problems with CMS.

1. The CMS priority is to get money from the paying parent to the receiving parent irrespective of any ongoing appeals or challenges. Their role is not to mediate.

2. A case worker is trained to follow the legislation, not common sense.

3. The person who answers the phone when you ring in, is not normally a qualified caseworker. They are triage staff, whos job it is, is to signpost and filter calls. They may be giving unqualified advice. Until you have a document that says dont pay, you pay.
This assumes they answer the phone.

4. The only time you pay or not pay, is as per the latest schedule. If the schedule says no payments due until x, you do not pay until x date. Only pay on the dates they tell you to. Dont start second guessing.

5. Two figures on a CMS letter are indicative for legal reasons, and not what you pay. These are the weekly amount figure which is a legal requirement, and also the arrears figure. The only figure to pay is the scheduled figure.

6. Arrears are never paid seperately. You only pay the schedule.

7. Never pay early (it may be considered a gift or confused as a late payment). Never pay late, as you will be put on a DEO. Never pay less, as CMS regard a payment to be fully missed even if you under pay by a £1, and never pay over, as thats a gift and it could also be confused as a gift for the full amount.

8. If you question paternity, do the CMS DNA test as quickly as possible. CMS wont refund you for years of payments, only from when you requested a test.

9. Putting in changes, adjustments, DNA requests etc dont change things. You still have to pay in most cases as per the schedule, until the charges are accepted or DNA is negative.

10. If parties have a court order that is extant. If however both parties say different than CMS will change shared care. So if receiving parent says I have the children more, and paying parent says, the paying parent wont let me see the kids, then that will evidence that the court order has changed.

11. There are arrears for non payment, but also CMS is paid in arrears. Some arrears can be settled by a payment plan. Every paying parent needs to be 4-8 weeks in arrears to stop them over paying when a case is closed, but the CMS take time to tell.

12. If you have overpaid, and the case is closed, you will face a battle to get the money back from the CMS, but they do have procedures. Their first step is to tell you to claim from the other parent, but they can also collect for you even on direct pay cases.

13. No one is interested in the back story. Abuse / withholding contact etc. CMS is based on evidence.

14. The actual determind position is normally determined by HMRC or DWP records. For example, a child is in education as long as child benefit is being paid. A paying parent is on benefits if Universal Credit is in payment (exclude top ups). So its neccessary to report fraud to government departments such as DWP or CMS, so their records are updated. This in turn updates CMS. CMS do not know if your child is actually in education, where and what course they are doing. They rely solely on child benefit records.

15. If you commit fraud, you may be prosecuted. Fraud includes paying parents faking DNA test. People claiming not to have been paid.

16. CMS uses certain types of income not all. Inheritance and Capital gains such as selling a house, do not have CMS charged on them. Pay, Bonus, Overtime, Dividends, Directors Loans can all be taxed, and are therefore subject to CMS. 17. Collect and Pay does not guarentee payments. Do not expect CMS to pop money into your bank account on the day they said.