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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:
Preeel · 23/10/2024 15:19

There was never the stipulation that I would pay this money back. Had that been the case, I wouldn’t have accepted it in the first place! He doesn’t have arrears as he only became employed in September, so he only owes the £100 a week from that date.

He only sees our child once every two weeks and has them once overnight. He tried to claim special expenses (I’m assuming for travelling). CMS rejected this so he’s now trying to get ‘voluntary payments’ for that period of 18 months which equates to almost £4,000.

I am going to tell him I am disagreeing and will contact his dad directly to find out whether he intended for me to pay the money back. I’m sure he will quickly change his tune!

OP posts:
Kevinisnotacatname · 23/10/2024 15:16

This kind of thing makes my blood boil. My ex spent years on a nil award because he was setting up a new business and not earning any money on paper (certainly was earning just not showing it on the books)

So he may basically got to opt out of paying child maintenance and I had to fork out for everything I didn't have an option not to pay for everything our children needed.

UrbanFan · 23/10/2024 15:16

Tell them that he transferred to you payments from the childs grandfather. He did not make any voluntary payments of his own. The money was from the grandfather not the father.

iamtheblcksheep · 23/10/2024 15:16

His bank account would also show him receiving money from his grandfather then paying it to you. I’m not usually on the side of grabby women but this guy is an asshole.

Alittlebitwary · 23/10/2024 15:14

I'd call his dad and ask him what he wants you to do. I don't imagine his dad gave him the money for him to claim it back / pay less than he should now! His dad might have a word with him.

But then if the payments came from his account, he can prove it so not sure if he can take it further.

What an absolute twat though.

ElfAndSafetyBored · 23/10/2024 15:12

Who makes these rules? It makes me so angry. The other parent can’t say ‘I’ll not feed/clothe’ etc my child for a year and a half whilst I re-train for a new career so why can a non-resident parent?

Butchyrestingface · 23/10/2024 15:04

Preeel · 23/10/2024 13:58

Technically the payments came from my ex’s bank account though, so it would look like my ex was making these payments…

He's stitched you up like a prize kipper, hasn't he?

Got his elderly dad to pay maintenance for his son when he couldn't be arsed was studying and then wants to use his father's generosity as an excuse to get out of paying anything for years.

What a cunt. There's an especially toasty spot in hell awaiting the likes of your ex.

NotOneOfTheInCrowd · 23/10/2024 15:01

Ok. Reading online I think this is possibly a misunderstanding.

So when the CMS ask about voluntary payments, this is so that any arrears can be worked out if the right payment hasn’t yet been calculated. He will have been asked if he made voluntary payments because if he didn’t then he could possibly have been in arrears. It appears he isn’t, but it would be possible.

So if you tell them that he has made voluntary payments, it only serves to show that he doesn’t owe you anything, it has nothing to do with having to pay him back.

So I would point this out to him. Tell him that declarations of voluntary payments are to prove any arrears, not to demand refunds.

www.nidirect.gov.uk/articles/early-child-maintenance-payments-and-payment-problems

MissScarletInTheBallroom · 23/10/2024 14:58

Preeel · 23/10/2024 13:58

Technically the payments came from my ex’s bank account though, so it would look like my ex was making these payments…

I would explain that these payments were from your child's grandfather, using your ex as an intermediary, and there was never any agreement that the money would be paid back.

So yes, you disagree with what he is saying.

MissScarletInTheBallroom · 23/10/2024 14:56

Icedlatteofdreams · 23/10/2024 13:51

Go through CMS, ultimately none of it is your problem or your childs. Don't let him bully you into giving you less.

This.

Codlingmoths · 23/10/2024 14:55

you disagree! What a twat.

tensmum1964 · 23/10/2024 14:55

Apologies if this has already been said, tell them it was the grandfather and give the grandfather's contact details to CMS. They can then investigate it further and hopefully the grandfather will have the decency to tell the truth.

Debtfreegoals · 23/10/2024 14:54

Go through Child Maintenance Group as they will only claim from date you apply. So it won’t take anything prior into consideration.

MikeRafone · 23/10/2024 14:51

x2boys · 23/10/2024 14:41

Surely he didn't make any payments his Dad ,did so thee money paid was never his , just an informal arrangement from your child's Grandfather?

I would contact cos and state the money came from his grandfather through the NRP and you weren't told it was a loan

allthemiddlechildrenoftheworld · 23/10/2024 14:50

@Preeel I would have put the money from grandad down as a gift to help your son, not his git of a son!

AnonymousBleep · 23/10/2024 14:49

CMS will ignore his nonsense, but I am sorry your ex is such a twat.

KhakiShaker · 23/10/2024 14:45

Borninabarn32 · 23/10/2024 14:17

I can't believe the CMS would even deduct it if it WAS a voluntary payment from him. It was voluntary, why should you give it back if he then changes his mind?

Disagree and call his fsther and explain that his son is trying to get you to repay his money to his son. If CMS take it back he'll have fleeced his own father of 4k intended for his grandchild.

This.

@Preeel It seems bizarre that CMS even care about voluntary payments. They’re voluntary by definition, so how should they affect mandatory payments?

CMS are reknown for getting things wrong. I would ring them and ask to speak to a supervisor, you’ll likely get a different answer.

MikeRafone · 23/10/2024 14:44

tell him to take it up with CMS... go through them and he will have to pay a surcharge

x2boys · 23/10/2024 14:41

Preeel · 23/10/2024 13:56

I’ve had a message from CMS asking me to agree or disagree whether he made these voluntary payments of £4,000.

Surely he didn't make any payments his Dad ,did so thee money paid was never his , just an informal arrangement from your child's Grandfather?

Noshowlomo · 23/10/2024 14:41

What an absolute pig of a man!!! He should be on his knees thanking his dad for making those payments

AngelicKaty · 23/10/2024 14:40

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?

Wow OP, your ex is a prince, isn't he?
Why do some absent parents see punishing their ex as more important than providing for the lives of the children they helped create? It just sickens me. I've met a number of absent fathers who've said something like "I'm not paying her (the ex) any money to spend on her hair and nails and going clubbing" putting me in the position of having to gently explain to them that they're actually paying for food and clothes for their children!
OP, I wonder if your former FIL had some agreement with your ex that he'd pay maintenance for your DC while your ex was studying, but as soon as ex gets a job he has to pay his father back? And your ex sees the easiest way to do this is to recover the money from you (and if this is what's happened then your ex is a total scumbag!)
Is the communication from CMS a simple Yes/No option, or are you able to explain exactly what happened? CMS should be able to see a regular payment coming into your ex's bank account from his father, which your ex then pays out to you, which would support your account.

skyeisthelimit · 23/10/2024 14:37

I thought that CMS was ongoing and would date from when he starts earning and not be backdated so therefore he wouldn't owe anything for the period he was unemployed.

In that same way, whatever you received from his family member at that time, is irrelevant to whatever he can pay now surely? If he owes £100 a week now then that is what he should be paying now.

Bigcat25 · 23/10/2024 14:37

Is his dad aware? What a loser.

Oblahdeeoblahdoe · 23/10/2024 14:33

And this man is a teacher? He can't even put his own child first let alone other people's.
I'd suggest that CMS check his bank account and look at where these payments came from. What a pig

NotOneOfTheInCrowd · 23/10/2024 14:30

Hang on. Leaving aside the obvious response that the ex is a grade A twat and more, Are we saying here that if a person pays over the recommended amount of child maintenance when going through the CMS, they can have the CM amount adjusted to take that into account or even for money to be paid back?

Really?

I mean it’s bad enough that the CMS advise such paltry amounts as minimum, but to actually say that they can demand money be paid back on the basis that they had said nothing was due?

Fuck me.