Ex trying to reclaim money from child

That’s bonkers. Is the CMS expecting that you would have held back the money to be able to use it at a later date or expecting you to magically conjure up the money out of thin air? Or maybe they were expecting that you weren’t going to put it towards the food and clothes your ds needed, let alone the other costs associated with keeping a growing child happy, healthy and secure.

Maybe point out that all you actually end up with as a result of this expenditure on your son is a load of crap (hopefully flushed away!) and some now-used clothes, so how is this change going to help your son and what exactly are you supposed to use to support your son going forward?

Is there any reason the grandad didn’t pay you directly? If he offers to pay anything more going forward, please see if it’s possible for him to do this rather than open yourself up to another round of this sort of problem!

Firstly he didn't make the payments. His father did. They just went via his bank account.
Secondly, you could call his bluff and say to him "of course, no problem, I'll speak to your Dad about paying him back", and no doubt his father will decline he repayments.

He sounds like a decent and caring man.

Absolutely right.

I hope you disagreed!

Speak to cms yourself and ask why it's even relevant he made voluntary payments! Surely you can't make voluntary payments and then decide you want it taken off your cms payments! AND make it clear the payments came from your child's grandfather to pass on to you.

I would also speak to his father, if you don't have his number, pay him a visit. I'm pretty sure he is not aware of what his son is trying to do

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.

i dont unerstand whether he paid or not sine when do the cms knok money off forwhat was paid previously?

Your ex is an absolute pig. I hope he doesn’t have a leg to stand on.

Also to add surely the payments are based upon what he's now earning and haven't included arrears as the CMS decided he wasn't employed and therefore wasn't accountable for CMS during this period therefore any payments made to you during this period aren't deductible?

Am not a lawyer but having dealt with a small claim recently, no I don't think your ex has a case.

He would need to prove that it was agreed between you upfront that he could deduct the money, with that agreement ideally in writing between you both, but maybe a verbal agreement would suffice.

What he can't do is change the obligations or expectations of you after the money was paid / after the event and expect you to comply.

You should just go back to CMS and say you disagree, the payments were from his Dad via him I.e. just tell the truth.

Surely the ex bank statements would show the payments going into his account fromGF and then being transferred back out to you. I would be saying that to CMS

It’s a great shame that your exFIL’s sense of responsibility wasn’t inherited by his mean son. I would phone CMS and explain the situation to them, see what they say. I get the sense your ex suggested this set up to his dad: transferring the money to him and then passing it on to you so it shows leaving his bank account. I might just be cynical though. Shame on him for doing this.

What do you mean by "the payments weren't voluntary?" The CMS said he was due to pay 0, so whether the father paid or the grandfather, it was more than any of them had to pay

Is he paying his father back the £4000 then?

You can disagree with the CMS and tell them it was a cash gift from your DC's grandfather however it's then up to them to decide if they think the money sent from the exes bank account counts or not.

Being a university student wouldn't have stopped your ex from having a part time job even if was a weekend job or a couple of evening bar shifts a week,he could have kept on paying towards his own child and he didn't.

Makes you wonder if your ex arranged the payments to come via his bank account with this very loophole in mind.

I wondered that, too.

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

a) they weren't voluntary
b) the money was a gift from your child grandfather, given to your ex to pay to you.

So disagree, and if they want proof, I'm afraid you're going to have to ask then to call your ex-FIL (but warn him first)

They were gifts from the child's grandfather, so no. What shit behaviour this is. Makes you wonder if your ex arranged the payments to come via his bank account with this very loophole in mind.
You may not need anything in writing. Tell CMS that this is grandfather's money freely given to your child while your ex couldn't pay, and ask them to look at his bank statements to confirm this.

HE make NO voluntary payments

I would talk to the grandfather and ask what he wants you to do. He clearly felt strong enough that the child should get this money did he consider it a loan/advance payment?

Phone him and tell him what his son is doing.

Irrelevant! Just tell them what was agreed and it was a gift from the grandad. Your ex can provide his bank statements to prove otherwise which he won't do because he then won't have a leg to stand on. Have you spoken to your exs dad??

Do you have any texts or messages about this mony coming from his father?