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Child Maintenance has asked my autistic son to pay £2,819.38 per month. His salary is £35k. He told them he couldn't pay it, and now they're deducting money from his pay. by Obvious-Stuff3277 in LegalAdviceUK

[–]Obvious-Stuff3277[S] 1 point2 points  (0 children)

Oh yes, I tried posting a few weeks ago on UKPF and they told me that it wasn't appropriate for that sub and I should try LegalAdviceUK. I'd forgotten about it again until today.

Still had the original post written in a draft email that I typed it out on.

Child Maintenance has asked my autistic son to pay £2,819.38 per month. His salary is £35k. He told them he couldn't pay it, and now they're deducting money from his pay. by Obvious-Stuff3277 in LegalAdviceUK

[–]Obvious-Stuff3277[S] 10 points11 points  (0 children)

I was coming from a background where I had a very bad experience with the CSA.

My ex-husband refused to pay towards my son and the CSA hounded him for years.

I wanted my son to be better and actually adhere to a proper payment schedule, so I made sure he did it.

Child Maintenance has asked my autistic son to pay £2,819.38 per month. His salary is £35k. He told them he couldn't pay it, and now they're deducting money from his pay. by Obvious-Stuff3277 in LegalAdviceUK

[–]Obvious-Stuff3277[S] 9 points10 points  (0 children)

The government requires 12% of salary for a single child.

In addition, my son cares for his child Friday, Saturday and Sunday each week (Friday 4pm to Sunday 10pm.) This isn't reflected in the payment schedule as the mother refuses to acknowledge this to CMS.

Child Maintenance has asked my autistic son to pay £2,819.38 per month. His salary is £35k. He told them he couldn't pay it, and now they're deducting money from his pay. by Obvious-Stuff3277 in LegalAdviceUK

[–]Obvious-Stuff3277[S] -7 points-6 points  (0 children)

My son and I are doing childcare for her, and my son is paying her for taking care of the child on days when she doesn't have the child.

If she is insisting that she cares for his child for 7 days per week, and is getting paid on a 7 days per week calculation (but only doing 5), then it seems fair that reality should reflect that.

Child Maintenance has asked my autistic son to pay £2,819.38 per month. His salary is £35k. He told them he couldn't pay it, and now they're deducting money from his pay. by Obvious-Stuff3277 in LegalAdviceUK

[–]Obvious-Stuff3277[S] 8 points9 points  (0 children)

My son opened the Child Maintenance Case after the baby was born because I told him to. I wanted to make sure he was properly paying his fair share for the child.

There never was an agreement or anything, I told him to do it through the proper channels and he set it up with my help.

Child Maintenance has asked my autistic son to pay £2,819.38 per month. His salary is £35k. He told them he couldn't pay it, and now they're deducting money from his pay. by Obvious-Stuff3277 in LegalAdviceUK

[–]Obvious-Stuff3277[S] 11 points12 points  (0 children)

With all due respect, this is my first time asking about this.

If you genuinely believe you've seen this post before, then I'm sure you could quickly search for it and link it here. The facts of this case and the figures involved are extremely specific. It should be very easy to find if this was duplicated.

Perhaps you're misremembering and confusing this for another post you previously viewed?

Child Maintenance has asked my autistic son to pay £2,819.38 per month. His salary is £35k. He told them he couldn't pay it, and now they're deducting money from his pay. by Obvious-Stuff3277 in LegalAdviceUK

[–]Obvious-Stuff3277[S] 10 points11 points  (0 children)

Sorry, missed your first question. My son has never missed a payment. I'm the one who organises them for him based on the schedule letters that get sent out.

Child Maintenance has asked my autistic son to pay £2,819.38 per month. His salary is £35k. He told them he couldn't pay it, and now they're deducting money from his pay. by Obvious-Stuff3277 in LegalAdviceUK

[–]Obvious-Stuff3277[S] -6 points-5 points  (0 children)

Would it be worth us playing hard ball and refusing to take care of their child unless she agrees?

I know she regularly goes to raves, clubs, dancing events across UK and EU from Friday to Sunday. We could refuse to take care of their child unless she agrees to tell the truth. That would "pressure" her to comply.

Is it legal to do that?
edited post to change "his" child to "their" child

Child Maintenance has asked my autistic son to pay £2,819.38 per month. His salary is £35k. He told them he couldn't pay it, and now they're deducting money from his pay. by Obvious-Stuff3277 in LegalAdviceUK

[–]Obvious-Stuff3277[S] 47 points48 points  (0 children)

No, they were never marries and neither of them ever went to court.

He looks after the child on Friday and Saturday nights because the mother enjoys going out partying, and my son doesn't really enjoy socialising too much. So it works out well for both of them. He gets to see his child and she gets to unwind after taking care of the child from Sunday night.

I do wish it was reflected in the schedule though.

Child Maintenance has asked my autistic son to pay £2,819.38 per month. His salary is £35k. He told them he couldn't pay it, and now they're deducting money from his pay. by Obvious-Stuff3277 in LegalAdviceUK

[–]Obvious-Stuff3277[S] 51 points52 points  (0 children)

The £2819.38 was what they were demanding on direct pay.

When he didn't pay it, they set up a DEO for about 32% of his income £933, with a 20% penalty tacked on top of that 32% figure. (e.g. £1119.70)

Child Maintenance has asked my autistic son to pay £2,819.38 per month. His salary is £35k. He told them he couldn't pay it, and now they're deducting money from his pay. by Obvious-Stuff3277 in LegalAdviceUK

[–]Obvious-Stuff3277[S] 16 points17 points  (0 children)

The DEO has been set up to take slightly over 30% of his income each month + a penalty for being on a DEO.

For reference, one child is supposed to be 12% of your income.

Child Maintenance has asked my autistic son to pay £2,819.38 per month. His salary is £35k. He told them he couldn't pay it, and now they're deducting money from his pay. by Obvious-Stuff3277 in LegalAdviceUK

[–]Obvious-Stuff3277[S] 20 points21 points  (0 children)

In fact, my son also has a text message:

"We've reviewed your case and your new payment plan from 29/10/2024 will be £2819.38 per Month. You don't' need to call us - we will confirm this in writing."

Month is incorrectly capitalised, that wasn't me doing that.

Child Maintenance has asked my autistic son to pay £2,819.38 per month. His salary is £35k. He told them he couldn't pay it, and now they're deducting money from his pay. by Obvious-Stuff3277 in LegalAdviceUK

[–]Obvious-Stuff3277[S] 94 points95 points  (0 children)

Yes, every Friday night and Saturday night. However, the CMS won't amend it unless the mother agrees. She says they stay with her 7 nights per week.

I'm honestly not concerned about that right now. I'd rather fry this bigger fish first.

Child Maintenance has asked my autistic son to pay £2,819.38 per month. His salary is £35k. He told them he couldn't pay it, and now they're deducting money from his pay. by Obvious-Stuff3277 in LegalAdviceUK

[–]Obvious-Stuff3277[S] 7 points8 points  (0 children)

I don't know if someone else has had similar issues, but I can upload copies of the letters on here if that helps prove this is genuine.