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AIBU?

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Ex trying to reclaim money from child

187 replies

Preeel · 23/10/2024 13:46

18 months ago my ex went back to university to train to be a teacher. During that time period, he was technically ‘unemployed’ (he did receive a grant, but that’s irrelevant in CMS’ view). As such, the child maintenance calculator reduced his payment to £0. His father, my child’s grandfather, then got involved and said he would continue to pay £50 a week in maintenance on behalf of his son as it wasn’t right that our child wasn’t supported. This money was paid via the grandfather to my ex, then he would transfer it to me.

My ex is finally employed and the maintenance calculator has said he needs to pay £100 a week. However, my ex is now claiming that the CMS should subtract all of the money that his father paid over the 18 months, therefore reducing his sum of £100 a week. It’s almost £4,000. I disagree as this was never the agreement, and I was never told that essentially I would need to pay this money back. It was a gentleman’s agreement if you like between the three of us to make sure our child continued to be supported.

AIBU or has my ex got a case to claim this money back?

OP posts:
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Ohthatsabitshit · 25/10/2024 14:37

What an awful man.

Floppyelf · 25/10/2024 14:20

DeathNote11 · 24/10/2024 06:12

You recieving £50 a week was a private agreement that has nothing to do with your live claim. The only way it could affect it is if it's declared as a lump sum payment made against this financial year's liability ....... & that is what he's trying to do. It's fraud.

Phone the CMS at 8am when it's easier to get through. They're used to reluctant payers trying tricks such as this. It will be sorted out in one phone call & you will be believed.

I'm relieved to hear that this man is entering a career where Deduction of Earnings orders can be effective, because I think you're going to be heading that way. He sounds awful.

@DeathNote11 is right

Itsmahoneybaloney · 24/10/2024 11:10

Preeel · 23/10/2024 21:44

Thank you, that’s the plan. Will update tomorrow 🙂

How did you get on? Sorry not pestering you but I'm just so astounded by this poor excuse for a man that I'm looking forward to hearing about him getting his comeuppance!

GabriellaMontez · 24/10/2024 07:55

Tbh you don't even need to ask his dad.

Just correct cms.

You're right, they won't be interested in weeks of old payments. That's why he's lied.

PeriPeriMam · 24/10/2024 06:27

Lovely grandad and shamelessly awful father. I have no words otherwise 😞

Actually I do. He's trained as a TEACHER?

DeathNote11 · 24/10/2024 06:12

You recieving £50 a week was a private agreement that has nothing to do with your live claim. The only way it could affect it is if it's declared as a lump sum payment made against this financial year's liability ....... & that is what he's trying to do. It's fraud.

Phone the CMS at 8am when it's easier to get through. They're used to reluctant payers trying tricks such as this. It will be sorted out in one phone call & you will be believed.

I'm relieved to hear that this man is entering a career where Deduction of Earnings orders can be effective, because I think you're going to be heading that way. He sounds awful.

tamade · 24/10/2024 04:17

Apologise I have not read the whole thread, but first the page has made me so angry.

BrooookeDavis · 24/10/2024 03:08

*because

BrooookeDavis · 24/10/2024 03:08

Preeel · 23/10/2024 21:06

I’ve just logged back in to check it before speaking to his dad and CMS tomorrow, and he’s dated that he made the voluntary payment to the tune of almost £4k yesterday (Oct 22nd), which is very confusing. Any idea why? I’m assuming it’s because CMS won’t consider backdated payments from months / years ago?

Well that helps hugely but you can disagree completely because that's not what happened regardless of his father's involvement.

Duckingella · 24/10/2024 02:40

DanielaDressen · 23/10/2024 17:32

Hope you’ve pointed out to him what a low life disgusting specimen of a father he is. And told his dad about his son’s proposal!

There's far too many of them around

Preeel · 23/10/2024 21:44

Itsmahoneybaloney · 23/10/2024 21:13

I'd try his dad first again in the morning. Elderly people are often early risers and early to bed (generally speaking before anyone shouts at me)

Thank you, that’s the plan. Will update tomorrow 🙂

OP posts:
Itsmahoneybaloney · 23/10/2024 21:13

Preeel · 23/10/2024 19:28

I’ve tried to phone his dad but not managed to get through. I only finished work at 7pm. Last time I phoned CMS I was on hold for over an hour (!), they also close at 6pm. I’m going to phone first thing in the morning as generally you get put straight through.

I'd try his dad first again in the morning. Elderly people are often early risers and early to bed (generally speaking before anyone shouts at me)

Singleandproud · 23/10/2024 21:09

I think you are probably right, I still don't think they'll take notice of a voluntary payment though.

It's like if you were only recently broken up and he backdated all of the money he spent towards things for the child when you were together.

Preeel · 23/10/2024 21:06

I’ve just logged back in to check it before speaking to his dad and CMS tomorrow, and he’s dated that he made the voluntary payment to the tune of almost £4k yesterday (Oct 22nd), which is very confusing. Any idea why? I’m assuming it’s because CMS won’t consider backdated payments from months / years ago?

OP posts:
mumTTCno2 · 23/10/2024 20:58

He's absolutely awful

AngelicKaty · 23/10/2024 19:47

JudgeJ · 23/10/2024 19:28

The poster didn't say that the OP was 'grabby' but it's naive to imply that there are no grabby women!

They wrote "I’m not usually on the side of grabby women but this guy is an asshole." This totally says they think OP is a "grabby woman" (whatever that is) but on this occasion they'll give her a pass because her ex is an asshole.

Hollietree · 23/10/2024 19:37

Makes me wonder if part of his motivation to go back to uni was to get out of paying CM. And he’s pissed that Grandad stepped in and paid on his behalf. So is now trying to steal it back for himself. What a selfish selfish man. Watch your back with this man, he has zero morals, nor the ability to put his child’s needs above his own.

Hollietree · 23/10/2024 19:34

Imagine having such low morals that you would try to steal money from your own child and your Dad.

That’s exactly what he is trying to do. Money his Dad paid towards his son - he’s trying to steal for himself.

I hope he goes to hell. Honestly.

yaddayaddayah · 23/10/2024 19:32

If the GF paid it into his sons account and then the son paid it to you, there is a trail proving it came form the GF.
Either way, it came from the GF so you tell CMS that no, he didn’t pay you anything, GF did. Speak to GF to confirm that!
GF sounds lovely, his son sounds awful.

He11oKitty · 23/10/2024 19:28

I’m fed up of grabby men who take from the state, their ex partner, their children and apparently even their own parent. Fixed it. (I wish the government would do more to stop these men taking the complete piss).

OP, I have no experience that can help but big hug to you and you’ve had useful advice I think (contact mp etc)

Preeel · 23/10/2024 19:28

I’ve tried to phone his dad but not managed to get through. I only finished work at 7pm. Last time I phoned CMS I was on hold for over an hour (!), they also close at 6pm. I’m going to phone first thing in the morning as generally you get put straight through.

OP posts:
JudgeJ · 23/10/2024 19:28

AngelicKaty · 23/10/2024 15:55

How is a woman being "grabby" when she requests maintenance from the absent father to contribute to the upkeep of his child? It's the very least he should do! 🙄

The poster didn't say that the OP was 'grabby' but it's naive to imply that there are no grabby women!

AllstarFacilier · 23/10/2024 19:26

If he claims the money back, then the grandfather hasn’t paid towards the child, but has given the ex money. It’s only the ex who would benefit. I’d let the GF know.

JudgeJ · 23/10/2024 19:26

BlitheSpirits · 23/10/2024 14:04

I think you are going to have a very hard time proving this, if it came from your ex's account

That's what I was thinking, if the ex's bank account shows that a transfer of £50 was regularly made by his father then it may be easier.

Ivehearditbothways · 23/10/2024 19:24

Have you spoken to his dad? Or to CMS?