It is a serious misconception that all Non Resident Parents try to avoid paying maintenance for their children. CMEC’s own statistics confirm that it’s only a small minority of NRP’s that fail to pay maintenance for their chidlren. The majority of NRP’s are more than willing to contribute towards their children, but often find themselves targeted with unfair processing, incorrect calculations and debts created through no fault of their own.
We have created this brief guide on measures the NRP can take to prevent difficulties occurring on their case.
Contacting the Agency:
Always keep a record of all communication you have with the Agency, in particular secure details of the case officer and if possible their direct telephone number.
If you write to them, be sure to send letters recorded delivery and keep copies of the letter together with the postage receipt.
Do not allow too much time to pass in between contacts with the Agency. Aim to be calling them every few weeks for a progress report.
If your caseworker is not providing sufficient responses to you, be prepared to escalate the query through the complaints process. This starts with Complaints Resolution Team, based at the centre dealing with your case.
Using the complaints process may be particularly necessary if your case has been deemed a clerical case.
Involving your MP is always worthwhile when contacting the Agency for any prolonged period over matters that are disputed.
The NRP is legally obliged to notify CMEC of any change to employment status but only if there is a DEO in place. Notification must be within 7 days and failure to do so can lead to prosecution and a fine.
The NRP is legally obliged to notify CMEC of any change of address. Notification must be within 7 days and failure to do so can lead to prosecution and a fine.
Legislation will only allow maintenance to be reviewed from the date that the request is made. There is no legal obligation to report a change of circumstances, but any change that will be of benefit will only take effect from the date that the change is reported. For example, if the NRP were to become unemployed, failure to notify the Agency of this change will result in the account accruing arrears at the last assessed rate.
Calculating Regular Maintenance:
CMEC will attempt contact initially by telephone to secure relevant information. The information is supplied to you in a form, which you sign if you agree to be correct. If it has been difficult to contact you by telephone, a Maintenance Enquiry Form will be issued.
You will be asked to supply details of your income, pension contributions, and details of children that live with you full time. Other details may be asked if relevant to process the application.
It may take CMEC many months, and in some cases years to process the application, but the account has being activated from that initial contact, whether by phone or form issued. Your account will immediately fall into arrears, so its better to prepare by putting money aside from the date CMEC make that initial contact with you.
If you dispute paternity to any of the children named in the application, you should emphasise this point from the initial contact with CMEC. However, if the test proves positive you will be charged testing fees and the account will be backdated to the initial contact date thus creating additional arrears. Dispute paternity only if you have good reason to assume you are not the father.
From the date that CMEC establish initial contact with you must secure appropriate receipts for any direct payments that you make to the PWC. Cash/cheque payments must have signed receipts marked as “child support”, and standing order mandates also need to be appropriately recorded as “child support”.
Do not assume no news is good news. Do not assume that the case has been closed through any plea for financial hardship that you may have raised.
Once the assessment has been calculated you should receive notification of the liability and the information that was used to calculate that assessment. If you dispute any of the information used you must lodge an appeal within one month of the decision being notified.
The calculation of maintenance is governed by legislation, so the amount calculated will remain the amount legally due. You can use the Variations scheme (or departures if your case is assessed on old rules) for certain additional expenses to be considered.
Variations Scheme (or departures):
If you have additional costs that are not taken into account within the basic formula, you can apply to have the costs considered.
Grounds for variation are limited, and many of them carry a £15 per week disregard, so in reality very little or no difference is actually made to the amount of maintenance due.
If a variation application is made, but you disagree with the decision you have one month in which to submit an appeal.
Arrears/Enforcement:
It is important that you make regular contact with CMEC to chase any progress of the initial application and any review of maintenance that may be outstanding.
Arrears are often unavoidable, but retaining regular contact with CMEC will limit how severe the debt will be.
CMEC have a range of powers to collect debts, even if the amounts are disputed. It is therefore crucial that you secure a full arrears breakdown and have the debt verified as being accurate.
Deduction from Earnings Order (DEO) is usually the initial collection method for an employed NRP (not self employed) and there is little opportunity to prevent such action. CMEC may imply that you can appeal the DEO, and whilst there are appeal rights, they are very limited and cannot be applied simply because you disagree with the application, reasons or amounts of the order.
DEO’s can take up to 40% of net income. Additional enforcement action can be imposed in addition to the sums taken by the DEO.
CMEC have powers to deduct money from bank accounts, including joint accounts, without having to first apply to court.
CMEC will enforce debts as they believe are due. The onus remains on the NRP to demonstrate that the debt is not valid.
There are lots of danger zones for an NRP and gaining information from work colleagues, friends and even some solicitors can often be detrimental. Situations in one case may appear to be similar to your own, but even slight variations can create differences in liability for maintenance.
Becoming a subscriber to NACSA will allow you to discuss your case with one of our team and to secure more case specific guidance to help you secure a better outcome on your case.
We now offer a ONE MONTH subscription for just £20, and this will provide you with access to our help lines, and to the member’s area of our website which houses our Survival Guide, Enforcement Guide and many more help sheets that may be of help.
NRP Guide
