Child Benefit Rival Claim Ex Partner Earning Loads!!!!! part 2

I’m sorry but

if he has them half the time he is entitled to one child’s child benefit higher earnings or not. You just seem money hungry and also neither should be taking maintenance off the other with it being weeek on week off. End of both should be providing clothes and shoes essentials etc and then obviously living expenses while in your own care. H

It's clear to everyone but you that this was your fault. But let's say for the sake of argument that it wasn't.

You're the one who received money that wasn't owed to you. He is the one who had to pay money that he didn't owe. So you owe him the money back. The child support agency does not owe him the money back because they didn't receive the erroneously paid money, you did. So even if it was their fault you still owe the money back that you received that was not owed to you.

...

Gosh, are you saying that your money-driven and quixotic campaign have led to the destruction of your once amicable co-parenting relationship?

What an entirely predicted outcome.

You haven't been misled by CMS. You mislead them by not making clear it was a strictly 50/50 agreement and you only claimed the CB for both children because your ex was a high earner.

And if you had listened to the majority of posters (including ones like myself who previously worked for CMS) and took proper advice before ploughing on, instead of listening to the tiny number of posters who were telling you what you wanted to hear, then this could have been resolved ages ago.

Even when child benefit sided with your ex you still wouldn't listen to anyone who wasn't saying what you wanted to hear.

You got greedy and you gave the information to get the result you wanted. Despite numerous opportunity you refused to back down. That has blown up in your face now and the only person to blame for that is you.

As a general rule im always saying please dont take legal advice from the Internet. However what you dont appear to have done... at any point... is gone "hmm there's a lot of people on MN saying im wrong, maybe I should get legal advice instead of just thinking im right".

And a vast number of people, myself included, told you to set aside the cms payments because there was a good chance you may be required to pay it back. That was months ago. If you haven't set it aside that's entirely on you.

This whole situation is entirely on you. Lets not forget your original thread about your ex's salary said you thought you should get more money to top up your savings or go on better holidays. This was NEVER about your kids and that is the really sad part of this.

You misled CMS. This led directly to their error. Once they received correct information, they corrected the error. I can't see how this is their fault.

They haven’t misled you. You misled them into thinking you were primary carer.

This seems to have gone from ExPs fault to CMSs fault. Genuinely how much do you think is your fault?

And considering the series of events. The circs when the CMS started, how the situation changed.. how exactly is it you think CMS "cocked up?"

I wonder why your ex will no longer engage with you on this? Perhaps he’s as fed up as Mumsnet is!?
‘You cant reason with stupid’ springs to mind.

I can see why you thought that.

But it isnt CMSs fault because they couldnt predict your exs response. And CMS aren't the ones with his money. You are.

You said I get child benefit. They said you've advised you are primary carer, the child benefit position supports that. You WERE entitled to money. And as long as he didnt dispute it or pursue child benefit it was accurate. We all warned you he might, and CMS wouldnt try and predict his response or offer advice on what might happen if things change.

BUT he did appeal, and they rightly said child benefit is with the mother so we believe her. But then he did submit a rival claim, and he did prove he was 50:50. If his rival claim was denied you would still get the CMS.

You cant blame CMS who didnt know your circs, and advised you based on the info they had. They couldnt have known whether hed appeal or not or how successful he would be in a rival child benefit claim. Especially as, generally speaking the odds are stacked against a father making a rival claim against the mother. But he was successful.

Now those circs have changed. And unfortunately even if thats not your fault its YOUR responsibility. You've had the benefit of the money, that you aren't entitled to because of his backdated child benefit award.

If your job over pays you, and its not your fault - you are responsible for paying it back. If your employer undertaxes you, and its not your fault - you are responsible for paying it back. If the bank accidently deposits someone else's money jn your account, and it's not your fault - youre still responsible for paying it back. Your boss, your job, your bank - they dont cover it for you. You repay it becuase you weren't entitled to it.

Hes proved you weren't entitled to the money, you took it so you owe it back. How is it fair that he doesnt get money that was taken from him, how is it fair that the taxpayer pays for money you took from him you aren't entitled to. Unfortunately the person responsible for starting the dispute, for spending the money when there was a dispute is you. So youre responsible for correcting the position. Not CMS, they dont have his money. You do.

And you can say its not fair over and over but CMS wont pay it for you. Tbh I would think it was unfair on taxpayers who fund CMS if they did pay in these kinda dispute cases.
And if you dont want to believe us that's understandable, we are internet strangers but then please take some of the many sensible suggestions of legal advice. Try citizens advice bureau even.

Because you benefitted from the money that you should never have received in the first place. You have been overpaid no matter whose ‘fault’ it was.
CMS and child benefit will see this as overpaying you for what you needed for the children, therefore you've either overspent (silly you) or saved it (great, you can pay it back) as of course you’d only spend sensibly?

I was overpaid on my UC - they admitted their mistake, oh well frankly. I now receive reduced payments monthly so I can pay them back from the OVERPAYMENT I received for months.

If HMRC don’t take enough tax from you, they will write to you so you pay it back.
If you’re overpaid at work, you have to pay it back over a sensible amount of time.
If £10,000 is put in your bank account by mistake from your own bank, they will take this back from you.

JFC.

And yet it was mums net posts who were actually right. 😂

But your ex contacted them and said ‘I don’t believe this is true’ and that he felt you were not primary carer

So in a fair process, you then had the chance to submit all your evidence about the child benefit and you lost. Therefore he can then sue you, CMS are not suing you? Your ex is. CMS have 2 parties in dispute so the court will have to decide who gets what.

They haven’t misled you but have you had any legal advice? Even a free half an hour? At all? Or just what you have read online?

😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂

I can't see why he'd have any problems with putting the child benefit you used to grift him back in to your name.

Ok, this is where you went too far. This post makes me think you are playing with us now.

This entire saga.

But if he reassigned the CB to you, so you had it for both kids, he would lay himself open to the cycle of you claiming CM again for both kids. So why would he?

ETA neither of you are getting the second CB, because of your actions, so why would he put himself out of pocket by paying an equivalent amount to you.

The thing is... it sounds like for him it was never about the money

You think a lot of things. Unfortunately, few of these things seem to coincide with reality.

To add to this op, if he has the kids slightly more than 50%, he could possibly claim against you to pay him child support.

So before you decide to go to court because CMS said you were once Primary parent... Maybe consider all the possibilities of losing... Again