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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1943
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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The CMS have stated that they will start a DOE from me even

Customer Question

The CMS have stated that they will start a DOE from me even though I have been paying on time correct amount. They also have an outstanding amount from the CSA which the CSA was a calculation of even though the case had not been resolved at the time and thay took it as a one child calculation the DOE is almost 50% of my earnings and they haven't taken into consideration that I also pay maintenance to 2 other children by private arrangement. Is there a way that I can consolidate the arrears to have it spread over the duration of the outstanding payment schedule in this case the child is 4yrs old.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
If you are struggling to meet the arrear repayments they should take into account your current financial circumstances and commitments. They will consider: 1 - the needs of you and any new family; 2 - the needs of the other parent and the children receiving maintenance; 3 - whether the other parent has told the CSA or CMS they're likely to suffer financial hardship if you don't pay.
When asking for a repayment schedule you will need to provide them full details and breakdown of your commitments and why you cannot afford the current deductions from earnings.
Harris, Law Specialist
Category: Law
Satisfied Customers: 1943
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you
Customer: replied 1 year ago.
is there anyway i could ask them to reassess as when the case was handed to the CMS the CSA stated thay they were no longer dealing with the case and had to talk to the CMS - i stated that i had other children, they stated that although they had another child on file the calculation was for on child patrent the |CMS state they cant do anything as they were just supplied the records without knowing how the calculations ere made - I've been paying on time every time but suddenly they say that I have arrears payments
Customer: replied 1 year ago.
They originally sent me a schedule that I have adhered to and now they ask for 4k more which was never mentioned in any of there schedules until thay sent me a revised one a few weeks ago
Expert:  Harris replied 1 year ago.
When your case transferred to the CMS the CSA arrears would have remained as previously calculated and they cannot be reassessed under the CMS rules.
They will have to provide you with a breakdown of how the arrears have been calculated and you would have a right to appeal against this if it is incorrect. I see the CMS have said they were not supplied the records but the records should breakdown how the arrears were calculated. You could try to obtain this yourself through Data Protection Act disclosure.
Expert:  Clare replied 1 year ago.
HiMy name is ***** ***** I have been a family lawyer for 30 years!am sorry but the CSA/CMS have a policy that all arrears should be cleared within two years. They are however subject to a statutory limit and cannot deduct more than 40% of your income in totalAs you probably already know it is not possible to reason with the CSA/CMS- and they certainly don't take account of whether or not there will be hardshipHowever it IS possible to challenge the calculations despite the CSA/CMS handover.The starting point is to obtain a complete breakdown and a copy of your file from the CMS/CSA - be aware that the file can be hard to read but the figures are usually clear.If there has been an error in the calculations then they can be reassessed - what cannot happen is for them to be reassessed using the newest CS3 process.You shoudl also immediately ask for a reassessment based on the fact that you are responsible for two other children. Alternatively you could pay for all three children using the CMS which would mean that you would be reassessed ongoing using the latest CS3 rulesIf you wish to have more details please askClare

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