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Do you have child benefit or tax credits? The CMS system has to see that the government thinks you have financial responsibility.
Another option is to not pay the CMS and then go to appeal if they disagree. I can help you but it is risky… as the system is designed to make DAD cough up.Walk the court order to the benefits office cry poverty! Also, what does your ex say about all this? I assume she is sucking off the draconian system and laughing to the bank.
What have the CMS said about your co-parenting agreement (use those words).
October 25, 2017 at 7:43 am in reply to: Help finding a solicitor to overturn a conviction against my ex partner #9279Hold on a second… You still have visitation with your son? After all this crazy stuff and bizarre police carry on , you still see your son?
Taking your own life seems an odd decision when you have a child to parent. Stop and think here… There are other lines of work to go through and eventually you can squash this conviction. Your life in in tatters only because you think that. I don’t.
Your son gets to see his dad twice a week – that’s a hell of a lot more than 90% of the guys on this site.
Chin up mate – coach yourself back round. Be objective and see the whole picture…
The system is changing??? that is news to me… Do you live in England? B
Here is the real deal as I know it: Once the CMS have I their grips you are cooked. the only person who can stop them is your ex, fullstop. They WILL take the money from your payslip (and charge an extra 20% to do it) if you don’t make a Direct Pay agreement with your ex. None of the money you pay the children will be taken into account because there is no mechanism to recognise it.
I suggest you have a serious sit down with your ex and explain that you cannot and will not pay both. Your spending over £850 a month on things the resident parent should pay? Money and new partners are the biggest issues surrounding visitation and don’t let it destroy your visitation no matter what you do – but a long discussion is in order.
As for the CMS: once they get their claws in you there is nothing you can do unless your ex stops them. Don’t listen to anything they say on the phone as they are liars. There is an appeals process and you can also demand recordings of all calls through the FOI act.
Check out CSAHELL on facebook or online. They have a lot of good resources. But, I have never heard of a court that will overturn a CMS decision other than a tribunal and that takes years.A limited company is also a way to remove the cash from the system so the CMS cant get it. there is guidance on this site for that too – if you are able to do that?
Did you record the conversation? If not you must remember to always video or audio record everything…
CAFCASS are an evil beyond compare and you must fight the issues and not the whole report. I assume this was the checklist… or are you at a deeper stage?
My advice is to never refuse visitation now matter what. You daughter deserves to remember what you look like. Court can take a long time and be a bloody affair.
See your daughter when ever you can.
I am not sure how it will be expensive? and prepare yourself for you name to be trampled in court. But, Luckily it will mena nothing and the judge will have heard it a million times.
Keep cool and proceed with the C100 – she cant stop it from happening. But I am more concerned with the NMO – if you dont squash this then you can end up with a conviction. read the guidance about the Non-Mol Orders now…
You need to be the resident parent or have a co-parenting agreement. Do you have tax credits for your daughter? This would stop the CMS if you did.
They go through other government organisations to get their info. The court order should be enough to get you the child tax credits!!!!!!!Don’t wait. Do it! You may need to stop paying and appeal any decision they make… let me know and I can help you.
October 24, 2017 at 3:14 pm in reply to: Advice in combating the CMS- Company Director Self Employed ie No Wage Slips #9271Hey,
You can appeal the CMS decision too… I am not sure how you paid anything more than £5 a week when you weren’t working… There is a mandatory reconsideration if the CMS amount is 20% out of whack.
I have appealed about 4 times (lost each time) but my case is not as strong as yours. What area are you in?
I assume she has custody? If that is the case you will have to write one amazing letter with a police report to get the judge to budge.
you need back up from every possible public service to even make a dent.You are on a tight rope with this. Your Ex holds all the cards and step lightly.
Let it run it course but it sounds like her emotions are ruling everything and starting court is the only thing you can do… But, court can make her angry too and there is not much you can do about it. Even court will be scared of her – so be mindful of that.
Is money a way to get her on side?
I am not sure what you have a solicitor for?
Act for yourself and file a c100 form (there is lots of guidance on this) it is possible that the judge may use your old case – did you have a final hearing?
The domestic violence thing is kinda old news if you have been having an active relationship with your kids for 6 years. Take the contact centre visits for now as you should NEVRE refuse visitation under any circumstances. This has more to do with the kids than anything else.
Don’t expect court to solve the problem but it is all you have. Save the money on lawyers and be calm. The system is broken but you need to play this smarter than her if you are to see your kids.
Hey,
Im sorry to hear about this. PA aint cool and the wished and feeling bit is only valid if the child has a both sides of story.I only regained the ability to write my kids. They sent a couple messages on social media but it soon went wrong when the mother shared the court stories with them. My daughters seem to think I am a millionaire and when I could not afford the presents they asked for they went silent for a few months, then when I kept reaching out to them they told the judge I was a stalker. It is a hard road to walk…
PA does not end. I represented myself in court and would never pay a solicitor for family court ever! ever! Even my oldest step son who is 22 is very dubious and makes it very clear that he cant talk to me. He said he misses me and wants to be part of my life, but he cant because of all the water under the bridge.
so terrible and Im sorry to hear your story is becoming like mine. Did I mention the huge amount of money I hand over every month?
Well Deano, there is not much you can do other than start court action and hope she responds. The Court can make actions to find her… be resourceful and try and make contact with Brookes school.
Always represent yourself and just try to carry on as best you can. Its been over 9 years for me and I still have hope. Social Media is a remarkable thing that happens when they get older…
Sadly, there is answer to this complete injustice.It is your house and you can do what you like. But there are a two things you need to be aware of:
1. While you are married everything that is her is also yours and vice versa – so until you get absolute divorce then you both can just break and enter eithers property. Even with this the rules are sexist so don’t test it – legally and socially are two different things.
2. Consider you child with every action you take. Anything you do now will be used against you later.Change the locks and try your best to keep contact with her – start divorce proceedings ASAP and try and settle money issues before you agree visitation. Prepare your self for blackmail and evil like you have never seen before…
My ex came to my home a week before the divorce was final (with the police – she claimed I was violent and just wanted to get her things) and stole EVERYTHING from my house. I had recently bought new bedrooms furniture for my girls so they could stay with me (her request) and loads of new things to help with their visitation. She took lamps, curtains and even baking trays.. and nothing happened because we were still married. It was a big song and dance with lots of lawyers and police but in the end she got my stuff and no penalty. Typical and what I have become used to with this horrific legal system.
I took zero advice from “experts” because they are money grubbing degenerates who don’t want you to fill in forms because THEY don’t like to defend or represent it. The judges are too arrogant to care either way.
I filled in my C1A and may even be able to show you a copy. Let me find it. Yup, I got it – “C1A_Harm of Violence” but you are aware that PA is considered Junk Science and you will have to be lucky to get a judge that will even entertain it. I was in Lincoln Court and you should have seen their face when I cut into the evidence. lol
Contact me if you want help: [email protected]
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