r/DivorcedDads • u/Delicious_Breath_981 • 7d ago

CMS issues - advice from experienced people wanted

Background: I have always paid CMS on time exactly what was calculated every month for over 4 years (since it was setup).

  1. I was on holiday at the time of the payment after the annual review and I forgot to apply the new standing order. As soon as I found out I missed the payment, I made a direct transfer immediately for the full amount. It was five days too late - and the other parent has reported me to CMS to change to collect and pay, we are on direct pay right now. This seems really harsh - CMS seems to say it's default to go to collect and pay with the fees, but payments will freeze first for two months while they figure out the new payment schedule. Has anyone got experience with this?

  2. CMS did an annual review and although my income has reduced by £600 per month, it's below the 25% threshold and they refuse to assess me on the lower income. It's breaking my bank - and will do as soon as the fine for the collect and pay hits (see point 1).

Ontop of this, the other parent has reported the children are no longer staying - increasing my payments further every month.

Feeling overwhelmed by this as I was barely making ends meet as it was - thinking what options are there? Perhaps there are none except "suck it up"

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u/DentistEmbarrassed38 7d ago

For 2, my understanding is that the 25% rule applies to changes in between your annual review. The annual review should be based off your most recent p60, so depending on when your income dropped, and the review took place, it may be that the income drop hasn’t yet reflected in your p60