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Lying to receive more child maintenance.

145 replies

Propal · 22/08/2024 17:16

Going through a horrendous time with my partners ex. They have been separated for four years and have one shared child. His ex has always been volatile and unpredictable. We share his child exactly 50/50 with his ex. We both work from home so are able to juggle this between us. Even though we share his child equally, my partner has always paid his ex £450 a month to pay for things such as hobbies, school uniforms, school dinners etc. This is because it is a parent portal pay app and it is easier for it all to be done by one person (she was happy with this). Sometimes there wouldn’t be anything extra to pay for his child, but he always honoured the £450.

2 months ago we announced our pregnancy and since then his ex has made our lives hell. She has opened a case with the CMS and told them that we never have his child overnight, and therefore she is entitled to huge maintenance payments. The CMS have said that, whilst they understand we are telling them that we have 50/50, they will believe the mother as she claims child benefit on behalf of their child. They have told us to appeal but in the meantime we need to pay massive maintenance bills, which mean we are not going to be able to afford to do much (or anything) for my partners child whilst they are here.

I do understand that most of the time, it is the mother who is fucked by the dad over maintenance, but in this case we are really struggling and it’s very upsetting. We can’t believe that the CMS just agrees with my partners ex without asking for evidence or any sort of proof.

Has anybody been in this situation? We have texts showing his ex acknowledging 50/50 contact, evidence of things we pay for whilst the child is here etc.

I am really struggling mentally with this and how we will cope going forward. It’s putting a huge strain on our relationship as well as finances as we simply cannot afford these payments and to look after my partners child half the time and prepare for our new baby.

OP posts:
Changeagain3 · 22/08/2024 23:46

FatmanandKnobbin · 22/08/2024 17:41

It's unfortunate the system is working in such a way that its making you financially disadvantaged temporarily.

The system should absolutely not be changed to stop this happening though. It's already geared towards the NRP so heavily that millions of RPs are screwed over daily, vs a tiny proportion of NRPs with an ex who lies about contact. The system shouldn't make things harder for the RP.

I do hope you get it sorted quickly.

Very perspective dependent. In our experience the CMS screws NRP.and is very one sided to RP.
I think it just depends decent NRP get screwed as often as decent RP but were much more aware of circumstances most like our own

YOYOK · 22/08/2024 23:44

How much more is the CMS amount @Propal ? It might be worthwhile for him to not pay into the informal account if the CMS isn’t hugely more..?

Propal · 22/08/2024 23:39

@NothingAGoodCuppaDoesntFix Did your DH pay the amount CMS has decided on in the mean time?

OP posts:
DaniMontyRae · 22/08/2024 23:23

Propal · 22/08/2024 18:08

We pay for everything whilst his child is here, and also pay her £450 to cover things like school dinners, uniform, trips, all of which are on the school portal app. It is also an acknowledgment that my partner wants what is best for his child and to have a good life when they are at their mothers.

She has gamed CMS and falsely said we never have their child, in order to deceive CMS and force my partner to pay her thousands.

Does the £450 cover half the costs of the school dinners, uniform, trips etc? Because if so, then that's fair as 50/50 should apply to costs too. But if its more than (because who needs £900 a month on that stuff) would telling the ex you will never pay her that again work to persuade her to stop cutting her nose off?

NothingAGoodCuppaDoesntFix · 22/08/2024 23:13

Get a court order . Represent himself. C100 form.
Once it's in an order submit to cms.
They will adjust accordingly

Dh had similar I feel your pain

Mysinglepringle · 22/08/2024 22:54

When you say massive, how much are they making him pay?

2dogsandabudgie · 22/08/2024 22:49

stormstormystormstorm · 22/08/2024 22:41

What a ridiculous post.

Why is that ridiculous? Normally care home fees are paid by the state unless property is sold to pay for them or it's funded by the person's savings. I'm confused why the OP's husband is paying for them.

He must be on a very high salary, and if he didn't have this expense then he and the OP would be much better off financially.

stormstormystormstorm · 22/08/2024 22:41

2dogsandabudgie · 22/08/2024 21:46

Why is your husband paying care fees? They are roughly £1000 per week per person, so if he can afford to pay this for both his parents how much does he earn?

What a ridiculous post.

Livelovebehappy · 22/08/2024 22:24

Arthurnewyorkcity · 22/08/2024 18:22

Put in a counter claim for child benefit. Gather all evidence that shows its truly 50/50. Also stop all the direct payments to school and pay cms figure for now. Second contacting mp

How can they overturn the current child benefit situation if it’s been determined that as far as they’re concerned, the OPs DH isn’t having the child half the time? I would guess it’s near impossible to have a successful counter claim accepted in these circumstances.

Starlingexpress · 22/08/2024 21:48

If your husband is paying two lots of care home fees a month, his income must be pretty close to 6 figures. Why exactly is he paying those fees? It’s a very unusual thing to do?

You mention that his ex is remarried. Is YOUR income taken into account when discussing financial support for his child

Collaborate · 22/08/2024 21:48

Arrivapercy · 22/08/2024 17:31

I honestly cannot fathom why CMS just believed his ex blindly without any proof

Sadly the reality is a hell of a lot of men lie to avoid paying cms. Cms will be used to situations similar to yours but where dad is claiming he has the kids (and doesn't) to get out of paying.

As a solicitor I act for clients in CMS disputes/appeals.

Even if there is a court order for equal shared care the CMS will still make the non-CB receiving parent pay until an appeal is heard. They're the worst agency imaginable.

pinkfondu · 22/08/2024 21:46

My advice would be to go to court and get a CAO to put in writing the overnights.

My ex doesn't have the kids as much as the court order sats and they won't increase his payments because the court order says...and gave told me to go to court and get it changed to what he actually has them. Yeh right court will effectively take away time from a parent

2dogsandabudgie · 22/08/2024 21:46

Why is your husband paying care fees? They are roughly £1000 per week per person, so if he can afford to pay this for both his parents how much does he earn?

FoxtrotOscarKindaDay · 22/08/2024 21:42

Is his daughter's school in catchment area for your address? Change her address there if it is. Put in the claim for child benefit and counter CMS claim. What she is doing amounts to fraud.

alittlebitalexis1 · 22/08/2024 21:41

Post in legal advice. I’ve seen this on reddit a lot.

if you pay you can’t claim the money back when/if overturned but if it’s taken from you, CMS has liability. Something along those lines. Double check.

Andwegoroundagain · 22/08/2024 21:41

So just put in for a CAO and then the rest flows from that. Meanwhile have your DH call the ex and tell her that right now she's getting 450 pcm from him but if she wants to go via CMS then that's what he will pay from now on and only that, which given the CAO will want to support the 50 50 results in zero for her.

GivingitToGod · 22/08/2024 21:40

Propal · 22/08/2024 18:08

We pay for everything whilst his child is here, and also pay her £450 to cover things like school dinners, uniform, trips, all of which are on the school portal app. It is also an acknowledgment that my partner wants what is best for his child and to have a good life when they are at their mothers.

She has gamed CMS and falsely said we never have their child, in order to deceive CMS and force my partner to pay her thousands.

How much more maintenance is your partner's ex partner wanting?

Another2Cats · 22/08/2024 21:33

Propal · 22/08/2024 18:29

Just had a look on the child benefit website, we don’t have the birth certificate, can we still counter claim?

It's very easy to get a copy of the birth certificate if you need one.

Normally it costs £16 but, if you have a GRO number for the certificate then it costs £12.50.

https://www.gov.uk/order-copy-birth-death-marriage-certificate

Order a birth, death, marriage or civil partnership certificate

Order an official birth, adoption, death, marriage or civil partnership certificate from the General Register Office (GRO) if you need a copy or want to research your family tree.

https://www.gov.uk/order-copy-birth-death-marriage-certificate

Allthegoodnamesaretaken92 · 22/08/2024 21:30

Gymmum82 · 22/08/2024 21:22

Absolutely this. Tell her when you win she’ll wish she was getting the £450 because she’ll be getting absolutely fucking nothing

Put in a counter claim for CMS as well.

you must be just as entitled to CM from her as she is from you, if it’s 50:50.

Another2Cats · 22/08/2024 21:29

BrightBreezy · 22/08/2024 18:18

Put in for a Mandatory Reconsideration online. Attach copies of your messages with his ex that contain evidence that he has his dc overnight. Don't pay any more money until this is resolved. Collect and Pay is very hard to get put on a case even when you have evidence that the NRP isn't paying. Unfair but that's the CMS for you!

"Collect and Pay is very hard to get put on a case even when you have evidence that the NRP isn't paying."

The only time I've heard of Collect and Pay working is when the NRP is on Universal Credit.

Gymmum82 · 22/08/2024 21:22

Theunamedcat · 22/08/2024 18:03

Tell her she retracts the claim or you will challenge it and win and pay her fuck all

Absolutely this. Tell her when you win she’ll wish she was getting the £450 because she’ll be getting absolutely fucking nothing

pinkstripeycat · 22/08/2024 21:15

They can’t make you pay so much that you aren’t able to meet your current commitments

LittleLittleRex · 22/08/2024 21:02

You need to drop the idea it's nearly impossible to overturn and get on with it. Get evidence from the school, from texts, from photos etc.

Ignore what you read, your situation is extremely rare. If only 10% of appeals are successful, that would still give you a good shot as I'd expect more than 90% to be useless dads who don't want to pay at all.

ForgettingMeNot · 22/08/2024 20:37

@Propal you have not answered why you are paying care home fees?

Not wanting to be nosey but if they have not money or assets to liquidate the council are obliged to fund, not family. You're mad to pay!

bubbles888 · 22/08/2024 20:25

CMS determine who is the RP by who receives child benefit and they only accept a court order for proof of shared care 50/50 so your DH would need to go to court to get an order. Where does the child go to school? Whose doctors/dentists are they registered with? As it's those type of things Child benefit use as evidence so if the child is registered everywhere at the mums address then you will be hard pushed to get the child benefit changed over to your DH.