I am currently going through a difficult separation and had to involve Child Maintenance Service (CMS) when my ex-partner stopped paying a voluntary amount.

I started the process for Collect and Pay in September 2021 and due to a change in my ex's income, it was rejected and started again in November 2021 with a fixed amount due.  In March 2022 I was told that the Collect and Pay request was successful and that I should receive payment in 1 - 2 months time. 

My ex was informed of the amount to be taken and only at that point did he engage with CMS.  He told them that he not received any of the letters they had sent him, which I know for a fact is a lie as he sent me texts telling me to stop the CMS involvement and he would pay me each month.  

The case officer did not contact me at all to discuss this despite me being told I would be informed of the details of his challenge.  I was not given the opportunity to provide the proof I had of him receiving the letters.  I have seen my ex's bank statements / driving licence as we are going through a divorce and they are all registered to the address the CMS sent all their letters to.  

He also told them that he was supporting 2 other children, he has been with his new girlfriend for less than 2 months but as he has told CMS he is supporting them they have reduced the amount he should pay for his own children.  He did not have to provide any proof of this, the CMS simply check that a child lives at the address and if so, they adjust the payments.  Regardless of the children already receiving maintenance from their own father.  When claiming benefits or applying for most things you have to provide proof of your address.  All his correspondence is registered to the address the CMS sent their letters to.  

He has also negotiated a reduction in the monthly arrears he is due to pay.  Again, no requirement to prove his financial situation.  He has recently spent over £6,000 on cosmetic dentistry but cannot afford to pay his arrears. 

Due to the collect and pay not being cancelled in time, they went ahead and deducted an amount from his salary.  He was due to start paying me via direct pay on 1 June 2022 but now he has been told he does not have to pay me until he receives a refund from CMS.  This can take up to 14 days, I then have to allow him 7 further days to pay me.  All of this due to no fault of my own.

How can a service set up for the welfare of children be so inept at ensuring the welfare of children?  If the CMS are involved it is because there is an issue and a majority of the issues are down to the absent parent not paying what they should.  I understand that there are cases where a parent may try and claim more than that is fair or a absent parent is genuinely supporting another family and that is only right but surely a simple check of residency would stop people using an address just to reduce the amount paid? 

I want a full review of the legislation and changes made to support parents in receiving what is fair.