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The CMS use last years evidence (HMRC) tax returns to determine how much you pay. Even with PAYE you pay a percentage of your last year end accounts. The CMS is clever nor complex – just evil. They latch on to something and follow the script until the script changes.
There are two steps here 1. Reduce your income ASAP – as a limited company you can do this quite simply and file your year end accounts immediately. 2. Go to the tribunal and be as pathetic as possible – Produce all your information the CMS will not accept and explain that you simply do not have the funds and that the mum is spending the children’s university funds.
Tribunals are not like family court, there are rules and simple steps for evidence. Show your actual income and also say you have been over paying and would like a refund. The judge will more than likely take the mums side but you will be heard.
Depends. She would most certainly know about it. She may not necessarily be needed for the initial hearing and there is not golden rule. I have heard of PR hearing taking many forms.
Plan on her being there…No.
The CMS is only based on your income and doe snot take any property into account unless it is an income (ie rent).
Check out http://www.csahell.com lots of good Q&A on there.I used these guys and they have an office in Leicester. http://www.nationalfamilymediationservice.co.uk/city/leicester/
Make sure they are court certified (MAIM) as you will need them to complete Section 14 of the C100 form to go to court.Hey,
Relax a little and don’t worry so much about the drug testing. Allegations are probably going to play a big role in all your hearings- so simply deny them and move on. If you are clean you will want a drug test (at her expense if possible) to prove her wrong and earn credit with the court.All we can give is advice there is no precise answer to what to do. just hang in there and don’t worry. Speak when spoken to and be humble to the judge. Your ex will one who will actually make all the decisions in the end, even if the judge orders something.
As a side note: I work for and contribute to a few regional radio stations including the BBC (am actually an owner of a new station waiting for an FM License) and have been told in very open terms that mentioning fathers rights on air would seriously limit my advancement. And, saying that I am in F4J on air would get me fired. We are seen as a fringe political group because of cash sucking ex’s, narcissist mothers and scared politicians.
Sadly, I think women are the only ones who can change it…Spot on.
But let us all remember that there is NOT a silver bullet and you can give bad advice (for example – you are using a solicitor, something F4J and I completely disagree with).
For women there are set answers with all of society on their side, plus they have cornered the market on sympathy. We have been divided and conquered and are on a very slippery slope.We certainly do need more support from F4J and a morale boost is very needed. We need to start marching again!!!!!!!!!! we need to make this an issue for the government again! Only the conservatives mentioned fathers rights on their manifesto… and then ignored it when they gained control.
The CMS Are evil but the law is clear and they will hide behind it every time.
This sounds like you are in arrears with them. Have you figured out by how much (this is important to check their records)?If you have not paid them for a year and they know you have been employed then your cooked and will have to pay it back. They usually schedule arrears on a two year pay back. So, if you owe £1000 in back payments you can scheduled this as £9.62 extra each week (on top of what you owe now). This works out at £1000 divided by 104 weeks payback time and was the traditional CSA process. But, your ex and you can reach and agreement if you have any bargaining tools with her, use them.
Remember if you switch from direct pay to Collect, then they may charge you a 20% fee on top of it all. This is an evil and sexist system designed to remove fathers from children’s lives and has degraded the very people they are pretending to help: mothers.
Ok. this is more of an art than a science. First step is to never ask the CMS for any advice or information – all the info is on the website and their staff are pathetic uneducated clerks.
You currently don’t have an account with the CMS , yes. If you did, then you would write to them and say you are no longer employed (would be best if you said you were fired) – say you no longer have an income. Then once you are getting an income you will notify them. They will do a HMRC search on you and find out you don’t have an income. In theory you only have to pay them a percentage of what you declare but it is not easy for them to find your cash from a limited company.
Essentially, this sounds like an agreement you and your wife have made. If you think this will not effect visitation then I suggest not paying her anything until you can. The CMS cant do a thing if you don’t have an income – and even if they base it on the last year they still cant do anything – as they can only take it from your wages. Eventually, once your limited company is up and running you can hide all your salary from them and your ex will only get £5 a week statutory.
If you are going to go with the limited company, the CMS is your best friend. If you are on PAYE, the CMS is an evil beyond compare!
I don’t know the legal aspects but you can get a relatively cheap DNA test done (there are lots of companies doing it now). This will prove you are father and allow you to proceed with evidence.
This is a tough situation. I assume you are not still paying her money…
Sadly, mediation only works if both parties attend. If the ex doesn’t attend then court is the only other option other than speaking to her directly.
If she does not attend then court is the next step – and actually mediation is the first step before court anyway. I have filled in a few C100 forms with mediation stuff in it. not that hard.
You can use what ever you need to as leverage. But, I think you need to define leverage for me.
Technically, what you have is a Family Based Arrangement for child maintenance. I assume you want to use this leverage to see your kid?
I wish my ex was on benefits. Kids = Cash to so many mothers in the UK….
Hey. Stop and think…
This doesn’t have to be this way. Your son is at the age of consent and can choose who he wants to live with. Why have you assumed he will stay with his mum??? Your son can simply move out and live with you and she will have to go to court and fight for visitation.
Is there an order in place that your son has agreed with? Have you settled the financials already???January 5, 2018 at 8:32 am in reply to: No access at all to my 18month old baby. Need advice on how to go forward #9562Mike,
A couple questions. Ive assumed your daughters have different mothers (I think this is obvious but wanted to ask). Are you on the birth certificate and are you sure you are the dad? There is enough here to suggest deception by your ex – especially when you said you pay a lot to see her???? Are you paying maintenance?Also, legally, your daughter has the same rights to see her as you do – if not larger. Court does appear to be the only option if you cannot buy her ( evil mother can be bought – and there is a huge amount of evidence to say its not that hard given the cash).
Noir,
Are you in court yet – don’t worry about any letters from her lawyer at this stage. I hope you are representing yourself.The obvious thing is stop smoking drugs and drink in moderation as it can take months before any drug test can materialise and you will be clean by then.
It is a long battle for us all to see our kids and you have to be strong and ready to father at a moments notice. She can refuse visitation and it sounds like she will have a million excuses – even when this drugs and drink issue is resolved.best of luck and try to keep a polite dialogue with your ex.
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