Whenever possible, parents are encouraged to make their own arrangements for the care and financial support of their children. However, if this is not feasible, it may be necessary to apply to the CMS.
The Application Process
The application process is made online, although a telephone call can be made if you prefer.
An online application will detail all the alternative options for making a child maintenance arrangement outside of the CMS service. If, after reading that information you wish to proceed, you will be able to complete the application online.
The application can be monitored through the online account, and once complete, the details of the maintenance calculation can be seen. A notification may also be issued to you. This can sometimes take a couple of weeks.
If your ex-partner is non-compliant, securing an appropriate maintenance award can be a battle itself, with added challenges if the NRP simply fails to pay and enforcement action is necessary.
Basic Principles
Whenever possible, use the CMS online account to communicate matters regarding case. Matters reported online are often dealt with more swiftly than complaints in writing. There are many links that allow you to report any details or changes.
Always keep a record of telephone calls with CMS, including the date, time, and name of the case officer you speak to. Ask them to log your concerns and any actions they have agreed with you.
If you must write to CMS, be sure to send letters by recorded delivery and keep copies of the letter along with the postage receipt.
If you are not receiving adequate responses, escalate your query through the complaints process. Involving your MP in any complaint can also be beneficial.
CMS source income information directly from HMRC. If you disagree with the information provided by HMRC, it is a matter to raise with HMRC, not CMS. But if you believe the income is not fully declared, you must raise a variation application. This can done by using the links online, or by calling CMS and discussing your concerns with them. You can find more details about the variations scheme here.
There are a number of steps to securing accurate child maintenance where the paying parent is not disclosing the full income. Raising your concern is only the first step, so be sure to read each decision carefully for details of further steps to take.
If there are serious concerns over the financial declarations of the paying parent, you can ask for the Financial Investigation Unit to carry out an investigation. However, this is not a quick process, and can often take 18-24 months to complete.
All new maintenance calculations include a pay schedule. This is the amount of maintenance you are expected to receive each week/month, including any arrears due to you.
Further Information
You must notify CMS as soon as payments are not paid, or not paid in full. You can report this through the online account. CMS will then contact the Paying Parent, requesting proof that payment has been made. If no evidence to that effect is provided, the case will be managed on the Collect and Pay service. This will result in a 4% fee being deducted from any maintenance that you receive.
A Paying parent must show compliance with payments in full for a period of 6 or 12 months before the CMS will consider reverting the case to a Direct Pay arrangements. As the Receiving Parent, you can ask CMS to put the case back to Direct Pay sooner if you are happy to use that service again.
Managing changes to calculations can be slow which may affect any sum of arrears alleged as due to you. Try to avoid budgeting on expected arrears payments, as there may be other outstanding actions that will affect the amount.
A paying parent is entitled to negotiate repayment terms of any child maintenance arrears, and CMS will not consult you in those discussions. But the term of repayment must not be unreasonable. If you disagree with the term for repayment you should raise a complaint and possibly enlist the help of your MP.
CMS have a range of enforcement powers to collect unpaid child maintenance. They can deduct money from salaries or bank accounts without relying on court applications. They now have the power to obtain an ‘Administrative Liability Order’, which allows them to take legal action to recover the debt without involving the courts. All administrative recovery actions will not proceed where there is an outstanding dispute, or complaint.
CMS can be slow to enforce unpaid child maintenance. If you are not happy with the CMS enforcing a debt, you can raise a complaint. Involving your MP to encourage enforcement action can often be helpful.
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