Lying to receive more child maintenance.

You can apply for a birth certificate.
How much is cms sayingyou need to pay?

Go into your account and send them the texts and any evidence you have. Also let them know you're having a baby as that will reduce child maintenance.

Good god please don't stop having the child. What sort of person punishes a child for it's parents action?

get your dh to apply for the child benefit. Def don’t stop overnights, if anything have the child more if you can.

if you need a birth cert you can apply for one from the government website. Takes a couple of days.

Correct answer.

This is spot on

Your DH is a fool for paying her anything, more than 1 parent can be on the same parent pay account for a child so he could have been paying half via that.

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

OP the most important thing I think is that you don't pay any extra until your appeal is heard/the decision changed. She can't just lie - you can refuse to pay.

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!

I've heard of people getting their MPs involved with cases like this, some have found them helpful, some not so maybe you could try this.

Is she poor? What is her income like? I am not saying its any kind of excuse but is she desperate financially

The CMS calculator is misleading in the case of 50/50 shared care. It says an amount is still due (based on one parent receiving CB). Yet the regs also say that where there is no resident parent then no maintenance is due. The key is proving there is no resident parent. It sounds like OP’s partner already pays his half share for his DC, but the mother is lying to try and claim more.

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

The whole system isn't fit for purpose and isn't child centred at all.

Changing this rule would just be another thing that will be consistently used to deny kids money they are entitled to because NRPs would use it for their own benefit, as they do every other aspect of the system.

It really is shit that your husbands ex is being a dick and lying, but that's not a reason to get the rules changed to benefit the NRP yet again.

You can take it to tribunal. BUT decisions do get overturned on appeal. Key with CMS is to be persistent, keep ringing them and arguing your case.

Go on the CMS calculator. Enter accurate, factual details that can be proved. Pay what that says. Evidence that it has been paid. Remember that the amount that the CMS calculator says is a bare minimum. A good parent will pay half the actual cost of the child and take on 50% of the care.

@Propal I empathise. My partner has 50/50, pays for everything for his DC directly, and pays maintenance on top of that voluntarily as he knows DC will suffer if he doesn’t. Difference is he has a CAO which I assume you don’t have.

Your DP needs to appeal, and meantime ring again and speak to someone more senior at CMS. They are notorious for giving out incorrect information due to inexperienced and untrained staff.

Gather all evidence of everything your DP pays for, any texts or other evidence to say child spends the night with you. Anything that could refute her claim of being the resident parent. Things like taking DC to doctor, dentist, extra curricular activities etc.

I’d also be tempted to message her to say you’d like a CAO to formalise the 50/50 arrangement that’s been in place for years, and start mediation.

Your DP can challenge the child benefit. Whilst he would be over the threshold that doesn’t mean he can’t get it transferred to him (and just not receive anything). CMS seem to think whoever has CB is the resident parent, so play her at her own game.

I would also look up the Dads with Kids forum. They are so knowledgeable and were really helpful to myself and DP when going through family court.

If you want to DM me then do x

Why is it goady?

CMS already heavily favours the one paying, there shouldn't be more put in place to potentially screw over the ones receiving the money.

system that automatically assumes that one party is reporting accurately (despite no evidence) is not fit for purpose, nor does it have the child’s best interests at heart.

Actually not true. Its a system that prioritises money to the RP in instances of uncertainty, which is in the child's best interest. If your DH ex is claiming child benefit she will be considered the RP.

The ex did this to my husband and the CMS blindly believed her. Told DH that he needed a court order before they would change the maintenance back to what it was. It took DSD (who was 12 at the time) telling her mum that it was disgusting that she was lying to the CMS and that she did stay with us fortnightly. The ex then sent in a handwritten letter saying she’d ’made a mistake’ 🙄 🙄 It was only then that the shared care element was reinstated.

Just to be clear, DSD wasn’t asked to get involved. She overheard her mum telling her mum (DSD’s grandma) and was outraged.

If she is lying to obtain money from you then she is potentially committing a criminal offence of obtaining property by deception. Consider approaching the police or at least telling her you are going to.