Military Veteran Faces Escalating Charges Following Lengthy Legal Dispute in Civil Service

A former Royal Navy serviceman, Lee Windsor, has been threatened with a charging order by the Child Maintenance Service (CMS) despite proving that he does not owe the money being claimed from him.

Windsor’s case dates back to 2008 when the Child Support Agency (CSA), later succeeded by the CMS in 2012, initiated a case against him. An error in classifying his Service Invaliding Pension as an occupational pension led to financial difficulties for him.

Despite providing evidence, an administrative mistake resulted in him being charged over £6,000 in child maintenance overpayments for his child under the custody of his estranged partner. The situation escalated after the CSA initially refused to rectify the overpayment despite acknowledging their error.

Speaking to The Epoch Times via email, Windsor expressed his frustration with the CMS, stating, “They have been absolutely awful throughout this process of over ten years. They acknowledge their mistake but still insist that arrears are owed. I thought once they admitted their mistake, it would be resolved, but it has dragged on for another ten years.”

The CMS, part of the Department for Work and Pensions (DWP), is responsible for managing child maintenance payments to support children when parents live separately. The service has faced criticisms for its effectiveness in assessing paying parents and ensuring primary carers receive the necessary funds.

CMS Accused of Acting ‘Above the Law’

Windsor believes the CMS acts as if it is ‘above the law’ and highlighted his struggle to challenge the original ruling in court. He felt unable to provide evidence to substantiate his case.

Recent evidence suggests that the CMS could be demanding money from paying parents without due process and inflating salary figures artificially. Concerns have been raised over the service’s financial statements, with the National Audit Office refusing to regularize financial reports due to suspicions of inflated collection figures.

Noel Willcox, a campaigner for paying parents, criticized the CMS’s unchecked power, stating, “As seen in Mr. Windsor’s case, paying parents face obstacles when trying to challenge the CMS, undermining democracy and justice.”

Legislation Criticized for Going ‘Against Natural Justice’

Willcox criticized the Child Support legislation for breaching the separation of powers and impeding natural justice, exposing paying parents like Windsor to state tyranny.

Windsor’s alleged arrears were inflated to over £25,000 by the CMS. Despite informing the service of his employment status during lockdown, the arrears continued to accumulate. Windsor, who now works as a plumber, faced procedural irregularities during court proceedings resulting in liability orders against him.

The stress of the prolonged legal battle has taken a toll on Windsor’s mental health, leading to depression and suicidal thoughts. Paying parents in arrears with the CMS face a significantly higher mortality rate than the national average, highlighting the mental health impact of dealing with CMS arrears collection.

Concerns Over Mortality Rates Among Paying Parents

Recent data suggests paying parents with arrears have a mortality rate 14.28 times higher than the national average, with a significant number of deaths occurring in this group. Instances of suicides linked to CMS pressure have been highlighted, emphasizing the mental toll of dealing with arrears accumulation.

Willcox cited a National Audit Office report revealing instances where the CMS collected money without passing it on to receiving parents. Approximately 24,500 paying parents were affected by such discrepancies, underscoring the need for reforms in the CMS to prevent mismanagement and heavy-handed enforcement.

The Department for Work and Pensions (DWP) has been approached for comment.