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Child maintenance question. Advice needed

(6 Posts)
CinnamonAndSpice Mon 16-Oct-17 23:35:55

So ex always paid me a mutual agreement 10th every month. Anywayong story short in Sept he was being a bit of a wally and I decided to go to Cms. To which they set the amount and he does direct pay. He told them he could do u till 10tj Nov which is what the statement given to me states.
Anyway today I looked at bank and he's put in the new figure given by cms 10 oct
Now he would t of done it out if the kindness of his heart as he spitefully said oh ill make u wait till Nov. So I can only assume he went to change the figures but not the scheduled date.

Now does this mean he can stop the next payment or would cms see it as he's paid an extra as what they said is obvs the minimum and they can pay more if required

I'm not going to use it. I've put it in a spare account out the way. As I'm expecting a call from.him about it.
Do I then pay it back or say well that would be classed as a good will extra iyswim?

I know my dp is given a set figure which he pays once a month however he regularly pays extra to his ex for stuff which nearly doubles what is stated

LineysRun Mon 16-Oct-17 23:38:32

In my experience he'll challenge it with CMS and they'll phone/write and ask you whether you regard the payment as child maintenance or not.

KarmaNoMore Mon 16-Oct-17 23:57:51

If CMS have sent a letter with the calculation of the figure and a calendar of payments, it's on their hands now. If he doesn't pay, you can ring them back and ask for the amount to be collected by CMS. This will give you more security but also a 4% reduction on your payments. It will cost him 20% more which the CMS will keep.

Bear in mind however that he may be appealing to get the figure lowered down, and that could take a few months of appeal after appeal, so your best is to ring CMS and ask them what on Earth is going on.

CinnamonAndSpice Tue 17-Oct-17 00:11:37

No he's definitely happy with the amount.
I'm. Just confused as he said 1st payment be Nov and it's gone in last week.
Now I can only assume he's fluffed up the schedule when he done online banking.
I may ring cms tomorrow and see what they say. If they suggest payout back or whether they would see it As a good will extra or something.. Like my dp pays for his DC throughout the month. They just see it as extra and they don't get involved unless he was to ever miss a scheduled payment date?

Collaborate Tue 17-Oct-17 07:12:09

Anything he pays voluntarily prior to the new assessment kicking in is just that - voluntary. He won’t be able to claim it back or set it against future maintenance save that if what he’s paid is intended to include maintenance up to 10 November he will have paid the first 10 days of CMS maintenance if the assessment liability starts on 1st November.

AliceTown Tue 17-Oct-17 11:06:33

My understanding is that it’s a “must be paid by” date. So if he’s paid you now, then the next payment “must be paid by” 10th December, so yes, you may well not get a payment in November. In my experience he becomes liable the day you make the call to apply.

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