Ex trying to reclaim money from child

Yeah my maths are off again, sorry. It still won't be taxable though, at least not by the recipient. The grandfather can pay £3k in gifts annually. Per annum he has paid the son £2.6k so assuming he hasn't paid gifts to anyone else he is below the threshold. If he is above the threshold because of gifts to others, then the two of them could easily claim it was a "soft loan" too. If he were above the threshold, it would be the grandfather rather than the son who was subject to tax.

Tell your ex that you won't be doing that. That you'll tell cms that your child's grandfather decided to help feed his grandchild while their father wouldn't. And that if he wants to claim.otherwise then he'll need to prove the money didn't come from his dad.

Hopefully he'll back off from that if he's got to somehow prove he deserves money offset because someone else contributed to putting food in his child's mouth while he decided it was an optional extra because the law is an ass on this issue.

Let CMS sort it out.

Disagree. Tell them the money was specifically from your exFIL who was ashamed of the fact his son wasn't supporting his child.

I thought the amount was closer to £4000

Just disagree. Surely, if CMS asks for proof, he will show them his account which has money coming from the grandfather and to you. If this was a ‘loan’ in any way, then it was clearly a loan between a father and his adult son who has been unwilling to financially support his young child. Now that your ex is earning again, HE can repay that, not you.

...and this

It makes me wild when people say 'Oh my DC's parent (need to remember not just the father) is 'good' because they will buy shoes. school uniform, help with school trips etc etc when needed, but no regular maintenance. What DCs need is a roof over their heads, the utility bills paid, food on the table etc. Shoes, school trips etc are the icing on the cake &, yes, IMO, they should pay towards that as well as regular maintenance that the parent with care has to pay.

Can't deny it's the first thing I thought too.

Some men really are that shitty

What a shitbag deadbeat.

His Father paid money for his Grandchild to cover a period where he was getting no CM. And so now because of that your ex thinks that his child should go through a period of receiving no CM now that he is working 🤦🏼‍♀️ It beggars belief.

I absolutely would call his Dad and dob him in! I bet he has absolutely no idea his son is trying to screw over his own child.

And phone CM and tell them the truth of what happened - that no he did no voluntarily overpay, the money came from the Grandfather as a gift. And that you do not think that your child should be penalised going forwards.

This x

That makes much more sense than them wanting to 'refund' him money. OP, as others have said, ring CMS and explain the situation honestly to a human and tell them what he is saying will happen re the money.

He sounds so thoughtful and caring of children, especially his own, bet he'll make a great teacher 🫤

So he's trying to reclaim money he hasn't himself paid to you ?

Cheeky shit

Did he pay the money to you directly or pay CMS to pay you?

I had this and CMS were very clear with my ex that if he made voluntary payments over what they had calculated, he couldn’t ask for the money back. They explained that they set a minimum but if he chose to pay more, then he could. It would not however, entitle him to a discount in the future.

Contact your MP for help with this. Explain that CMS set it at a zero sum, but they chose to pay above that. They cannot now reclaim that money. They could if CMS got the calculation wrong or took the money from his account in error but that didn’t happen. He knew the zero figure and he chose to make payments anyway. He can’t claim it back.

That’s what CMS told me at least, a few years ago.

Oh please tell his lovely father what he is up to!

What a disgusting man

keep fighting him - if the CSA had any sense they would see that his father paid in the £50 and then it was transferred out to you

an update would be great

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!

Yes, this.

No advice, but sorry you're dealing with a shit of a father.

Surely that depends what the grandfather intended? On the one hand, he might think his son should now pay full CMS. On the other, he might think what he was doing was tiding the OP over and if the OP carries on receiving the same amount until the "overpayment" is cleared he might be fine with that.

Can't you ask granddad for a letter and bank statements proving this money came from him? Hopefully just talking to GD who can talk to his son will settle all this. He should feel ashamed of himself the poor excuse of a man and a father.

It must be infuriating for you Op.

I'm steaming reading it!

It's disgusting that he can ask for that to be taken into consideration because he paid when he didn't "have to".

Commendable that he has retrained, but also shit that that can mean he pays nothing.

So many exes that hate the mothers of their kids so much that they begrudge them everything.

Even though it's usually fuck all in terms of costs.

And this piece of excrement is now a teacher? I'd be very tempted to tell him you'll share this knowledge with the local community if he doesn't buck his ideas up.