Ex trying to reclaim money from child

what is wrong with men

I’d be very shocked if his father meant this as a loan. Very good of him to ensure his grandchild was supported still. I hope he gives his son a piece of his mind. He’s got away without paying for years and is now trying to reduce his liability further

It's nice to know a new teacher cares so much about children, he won't even pay for his...

I hope CMS sides with you.

What a vile person he is! Trying to reclaim money for his child that he didn’t even pay! And this is someone who thinks they’d make a great teacher?!

I’m amazed CMS is giving him the time of day. Definitely push back and also speak to his dad - do not give in on this!

You do have to wonder how these awful specimens think don’t you?

My ex was many things. But he never quibbled over money even though I know his partner gave him a hard time about it. And we didn’t have to go through CMS - we worked it out between ourselves.

He was a bastard in many other ways though ;)

What a fucking scumbag. I cannot believe that a parent can just decide to radically reduce their income by choice, and the CMS says, fine you don't have to pay towards the upkeep of your children. Surely there has to be a conversation with the other parent to agree whether or not that is acceptable, in this case in lieu of a potential increase in earning power and financial support further down the line. The CMS system is so fucked. No parent should be allowed to voluntarily abdicate financial responsibility for their kids.

What disgusting behaviour! Disagree with it. It reminds me of when myself and my ex first split up, he moved out and deducted the cost of the kitchen we had on finance (£60 a month) from the children's maintenence. Men can be such pigs!

Imagine having the gall to even suggest this. I tried to go through CMS once, ten years ago, when ex and I first split. He dodged them until he was in over £1000 arrears. Then quit his job when they sent notification that they were going to arrest his wages. Jumped on job seekers and his kids were offered £3.50 per week each. I cancelled the claim and we have never asked him for another penny. I'm embarrassed for him, and I'm embarrassed for your ex.

Hopefully it’s your experience that’s the right one. Otherwise the world really has gone mad.

I’m just going by my own experience. My ex overpaid (knowingly and by choice) then got a new gf and wanted to use his past overpayments to reduce his calculated amount (so he’d have more spare money for going out). CMS said no, he couldn’t claim it back as he did it voluntarily after being by given the correct calculation. He had to continue to pay the calculated figure.
Thats just my experience. Maybe they handled it wrong for me? The OP will need to call them.

They probably will. They should only really use the actual amount of the voluntary payments since September. So, he owes £700 but has paid £350 since then and should pay the remaining £350 but they might just use the total figure and wipe out all the arrears from September.

Have you actually spoken to CMS? Their phone lines used to be open till 8pm. Go and call them now, and speak to a real person rather than the online portal.

that was what I thought based on what I’d read online until I read the post that someone linked upthread where a poster had been told by CMS that they would be able to reclaim voluntary overpayments.

And as this is an ongoing claim rather than a new one it does sound as if OP may not have a leg to stand on.

The ex is a prize cunt for doing it though.

So this man who is now a teacher to children thinks it's reasonable for his own child to go without.

That is what it boils down to.

I'd probably try to find a way to make his school's headteacher know what he was like, tbh.

If they can do that then anyone can claim back any ‘overpayments’ makes no sense.

It doesn’t matter though. The paying parent is welcome to pay more if they choose to do so. They can’t reclaim it later on. He can only reclaim it if CMS miscalculated and overcharged him.
Voluntary payments only make a difference if there is arrears, and he can say he already paid some and they’ll take the amount off the total he owes. They cannot reclaim the money from you.

He was given a zero calculation. He chose to pay anyway (well, his dad did but let’s just say he chose to pay anyway). That’s a private arrangement outside of the CMS calculation and he can’t claim it back after the fact.

CMS are wrong here.

That's a disagree.

You'd hope a teacher would have morals, especially towards supporting a child (and his own!).

What. A. Knob. His dad must be disgusted by him.

Let us know how you get on with grandad, I hope ex buckles, the waste of space.

he’s told the CMS he has already voluntarily paid almost £4000 when he didn’t have to.

And their reply to that should be "so fucking what".

I would agree with saying that he hasn't paid.

What an absolute shit of a man he is.

Just tell cms no, he's not paid.

If he entered into a loan agreement, it's nothing to do with you.

As a pp has said, I'm surprised cms are even interested. They don't normally look backwards or where money came from.

They're usually only interested in the date from which someone lodges an appeal or application.

I know we desperately need teachers but we don’t need teachers who behave like your ex!

TBH I don’t think it’s going to be possible to prove that the money came from the grandfather.

All the ex has to say is that the grandfather gave him money while he was at uni and he decided to use it to support his child.

Unless there is evidence to suggest that the money was given for the child and the child only it’s going to be impossible to prove.

you’re going to be better off appealing to your ex fIL’s better judgement here.