UNJUSTLY PURSUED BY THE CHILD MAINTENANCE SERVICE

Unjustly pursued by the Child Maintenance Service (CMS) for maintenance payments he did not owe. Oliver Marley received compensation of only £50 after everything he had been through.

The CMS, run by the Department for Work and Pensions, is responsible for ensuring that a parent contributes financially to their children after separation. It can calculate the amount to be paid, collect money from one parent and pass it on to the other, and, if necessary, enforce payment directly from earnings. It also charges the paying parent an extra up to 20% when using the 'Collect and Pay' service, plus a 4% fee to the receiving parent.

The two former spouses had initially decided not to use the CMS service. Only in 2019, due to a change, did his ex-wife ask to open a case with the CMS so that payments could be officially managed. In December of that same year, Mr. Marley was sent a payment plan, which was later discovered to show arrears of £1,654. He provided evidence of their previous agreement, including email and bank statements, but claims the CMS 'simply ignored the fact that I had made the payments and could prove it.' Despite his protests, a Deduction from Earnings Order was issued, taking money directly from his NHS paycheck. 'It was frightening and worrying,' he said. By 2021, the alleged arrears had climbed to over £2,300.

'I would receive one letter telling me everything was fine, and straight after another one telling me I owed X amount,' he said. 'Then they would bombard me with demands, and they forced me to pay more each month to cover arrears I didn't owe.'

In January of this year, the CMS admitted he should not have been charged the arrears, but instead of refunding him, they reduced the amount he paid his ex-wife each month by around £100 to recoup the overpayments. In September, he was told once again that he was in arrears.

His ex-wife even wrote to the agency herself, confirming: 'Mr Marley has always paid the amount due, as calculated by the CMS, on time and in full.'

'It’s been years of hell. I’ve had sleepless nights, worrying about how I’m going to pay for it. It’s had an enormously detrimental effect on me.'

A spokesperson for the Department for Work and Pensions said: 'The Child Maintenance Service has acknowledged that an error was made in this case and compensation has been paid.