So. With money running out and less than a third of the child maintenance being paid, the phone calls to CMS began. For each call you make to CMS, you will be on hold for over 20 minutes, guaranteed; I figure it’s deliberate, in the hope that some callers will give up and go away. They told me that Simon would be sent a letter about the missing payments, and would have “until the end of next week” to respond. “The end of next week” became a moveable feast, being cited for over a month while Simon failed to respond and the money still didn’t arrive. The amount owed crept up over £1600, my anxiety levels soaring with it.
Then the excuses started. Simon had apparently told the CMS in a phone call that he was no longer earning as much money. It says a lot that even now, I was prepared to give him the benefit of the doubt – perhaps he’d been made redundant, or had deliberately reduced his hours in order to free up more time for DIY on his new house. I stressed about what that might mean for us, what our payments would be reduced to, how we would manage. Yet the quiet voice of reason whispered in the back of my mind that if he was genuinely earning less money, the very first thing he would have done would be to contact CMS to reduce his payments. When I checked with CMS a month later, Simon hadn’t even put in an application to reduce his payments, never mind sent in proof – clearly this was another lie.
Next, a letter from CMS stating that they’d “been informed” that Lily was no longer in full time education and could I confirm this or send proof? Otherwise payments would be reduced. I called to let them know that Lily was attending a BTEC course which was classed as full-time. I knew immediately what must have happened; Simon had turned up in our new town the weekend before, taken Lily to dinner and asked her about her course. On finding out that she “only” attended three days a week, he’d assumed that this couldn’t possibly count as full time, and called the CMS to have his payments reduced. As he has no responsibility for the day-to-day lives of our children, he either didn’t realise that the BTEC still counted as full time, or he knew but didn’t care. It’s frustrating that instead of being happy for Lily, who is loving her music course, he’s tried to use her course as an excuse to pay less maintenance, turning it against her.
Normal reaction; I’m so glad you’re enjoying your course. Do you need anything else for it, any textbooks etc?
Abusive father; Tell me more about your course so I can try and use it against you.
Simon had not asked for our new address, nor had I offered it. Lily had talked to him only in terms of the nearest city, making sure not to give him the precise area. Yet he turned up here with Astrid, insisting to Lily that he meet her in our actual town, having managed to find out where we live without being told. It felt sickening, and took away the security that Ivy and I had been feeling, it’s all mind games and intimidation – see, we can find out where you live! But no doubt if you talked to him, he would still insist that I was the one stalking him… He spent less than 3 hours with Lily, but treated the occasion as a weekend away with Astrid, spending two nights in a hotel, meals out etc, while still claiming that he couldn’t afford to pay child maintenance.
Last week another call from CMS; now Simon was claiming that he retained shared care of Lily and had a court order to prove it. The court order was a 2017 relic from Simon trying to force Ivy into reinstating contact (and therefore not having to pay maintenance for her.) While I had been so careful to word the document in such a way as to make sure Ivy wouldn’t be forced into anything, it didn’t occur to me that I should ensure that Lily had a similar, flexible opt-out clause. In the Family Court you evidently need a fortune teller as much as a lawyer. Even though it was Simon’s choice to deviate from the court order, and Simon who had originally informed the CMS of his decision, he was now trying to claim that he had equal shared care of Lily.
At times I agonise over how this must seem to Lily. If it wasn’t bad enough that Simon effectively threw her out with a week’s notice, after having spent 10 months in court battling to force contact with Ivy. If it wasn’t bad enough that he dumped all of her belongings on the street outside her house, including even her bedlinen, making it clear she was no longer welcome. If it wasn’t bad enough that Simon then made Lily tell Ivy that he was happy for Ivy to move back in with him if she didn’t want to relocate – yet never made an offer for Lily to move back in… Now he was claiming she still lived with him for half the time, so that he could stop paying for her. To throw her out and then claim she was still there?
Even though Simon’s claims were ludicrous and outright lies, there is always the fear lingering beneath. What if they actually believe him? What if he’s managed to find a loophole and they have to uphold his claim, even though he’s not adhering to the court order? It’s no wonder I have an anxiety disorder, it’s been my constant companion these past five years. I waited over a week for the official letter to arrive to find out what the precise arguments were that Simon was using so that I’d know how to word my response, but when the letter finally got here it contained no information. Yet another call to CMS, another 20 minutes on hold.
“Yes, we get calls about this a lot,” the woman explained. “Unfortunately the letters are generated by the system, so they don’t have much information.” Then why don’t you change the letters? I wondered, given that it would save everybody more time if they just took five minutes to add a few details before sending it. If I hadn’t been told on an earlier call, I would have received the letter but have no idea what Simon was claiming. But yes, despite the fact that he saw Lily for 2 hours a month on average, and she hadn’t stayed overnight with him for almost 2 years, he was claiming that he retained equal shared care of her. Half term was rapidly approaching but with no invite for Lily to go and stay with him. It’s still difficult to believe that he could be making such an outrageous claim, that his lies have become this bold. It’s even harder to try and understand how he could do this while still apparently claiming that he is the innocent victim in all of this. But because he’s got away with it so far; lying to his solicitor, to his lawyer, to the judge, to social services, to school, to CAFCASS, to the police, never mind to me and the children, and no one has stopped it, he’s become further empowered. Because there has been no consequence for his lies, they’ve got worse.
“If you’re looking at my case on screen, you should be able to see that he gave you false information before,” I tell the woman. “He gave you false information in 2018 when he claimed that he retained equal care of Ivy, and you found in my favour. He’s given you false information this month, claiming he was earning less money, claiming that Lily was no longer in full time education. He’s lying now about this, Lily lives with me full time, he hardly sees her. It says on the letters you send out that if we send you false or misleading information then you’ll take further action, so I’m begging you, please take action. Because otherwise he’s going to keep doing this because there’s no consequence and it’s getting worse and worse. You’re failing to protect me and the kids, you’re allowing abuse to continue.”
Generally the staff at the CMS are very friendly and helpful, even if they have to stick to a fairly limited script. “I understand where you’re coming from,” is about as far as they’re allowed to go, rather than “Yes, we understand that he’s being a total bastard about this.” They have the power to take people to court, to seize driving licenses, to take payments directly from wages (although unbelievably, the receiving parent effectively pays a fine for this, losing 4% of the ongoing payments, even though it’s only possible to switch to direct collection if it’s been proven that the paying parent has been failing to pay.) Yet over £2 billion is owed in unpaid arrears, the vast majority of it owed by fathers to mothers. Because Simon paid up his arrears a couple of days before the deadline, the CMS wouldn’t switch our payments over to the Direct Collection service. The stress and anxiety he’d caused me simply don’t have a cost, nor would he be liable for any fines I’d accrued if I’d gone overdrawn or defaulted on a payment due to him not paying. What remains unsaid is the cost of all these lies, the fresh pain and confusion each lie causes; How can he do this to us? Do the kids mean nothing to him?
The realisation that it’s not over brings me crashing down again. That the abuse is set to continue, no matter what I do to free myself of it. That by taking the ultimate action in trying to free myself – relocating – all I’ve done is trigger a fresh cycle. Yet again the confusion over why is he doing this, how can he possibly think that this is okay? Part of the abuse endured several years of Simon and Astrid telling me to Get over it and to Move on – but it seems that they’re the ones who aren’t prepared to let me go.