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

You’ve been told before, the website isn’t accurate for 50/50. He owed you nothing. You’ve made your bed, now please, enjoy it. The tit for tat is childish on both sides. You should’ve left it and CMS were wrong to award you.

OP it's bonkers you think that CMS will have a pot of money to bail people out when claimants have given wrong info.
Even if you had been 100% accurate and it had been a genuine mistake by CMS, there's never a system where there's a 'compensation pot' - if your employer over paid you, if you were taxed incorrectly, if the bank accidentally put funds into your account - in ALL circumstances you have to pay back money you've received that you weren't entitled to, even if it's a genuine error. The 'allowance' is letting you pay it back at an affordable rate, not writing it off and expecting the magical money tree to provide!

You say your ex isn't being amicable, it sounds like he's actually been extremely amicable, and still is. Don't start trying to play nasty, it could really backfire on you.

I think if you start trying to get CMS to pay your ex back, from some nebulous compensation pot, they’re more likely to go after you for your fraudulent claims.

The big mistake CMS made was believing your fantasies about you being the primary carer. Somehow I don't think that's on them to pay for.

You seem to repeatedly confuse the way you think things should be for fairness and the way they actually are!

You can lead a horse to water…. 😬

They didn't make a mistake. YOU LIED TO THEM.

Oh Lordy, I remember this OP and am getting major Deja-vu

I would be extremely surprised if they do.

@alcoholnightmare he was giving her maintenance on 50/50. She took him to CMS to get MORE. And this is the consequence

And incur legal fees.

OP you also keep bringing up this is about when you were not 50/50, as if he owes you money from that period of time, because he paid £1k when he earned more and now you are trying to recoup it. This is go very badly for you in court, don’t keep on down this road. They will call you out on this tactic you will not win

These scenarios are the only cases where maintenance is given in a 50/50 set up.

You can’t go to court and say this, you can’t blame it on CMS. They go on what you told them, and you told them a lie. Your ex is allowed to challenge the CMS for their decision and you are going to lose.

'Doing admin' doesn't come into the equation. Exactly equal means the amount of time spent at each house which was 50/50.

'For them to now expect me to pay it back is unreasonable as it was them who agreed with me that I should be getting the money.' No, you were unreasonable for claiming off your ex when you knew it was 50/50. You are also unreasonable for blaming CMS for the advice they gave you when you are the one who bullshitted them into thinking it was not 50/50 in the first place.

You need to pick up the phone and resolve it without CMS or you will be paying your ex back.

For them to now expect me to pay it back is unreasonable as it was them who agreed with me that I should be getting the money.

OK... so do you think that the CMS should be paying your ex back? Because the CMS don't have money with which they can do that.

I do agree with you that it is a bit unreasonable, but that doesn't mean it won't happen. If HMRC make a mistake assessing tax, then ask you to correct it later, they may give you time to do so but they don't just say "oh well, never mind, we will cover it"

This isn’t true though, you told them you were primary carer, and now your ex is proving that you are not. They took your word for it and he is allowed to challenge it, and he will likely win

The fact your ex has rang you saying he has opened a claim but doesnt want the money tells me he IS being amicable with you. He just wants you to pack it in!

also, a LOT of people on MN and this thread say that 50/50 means no maintenance either way… but I dispute that. My ex earns £170k a year and despite us being 50/50, he still gives me maintenance according to what’s suggested having put in all accurate info on the CM calculator. I think it’s because of a huge difference in our earnings and wanting to keep things as similar as possible in both homes for the children.

But you knew yourself that it was 50/50!

If I told you you were 7ft tall would you accept that knowing it to be untrue.

What do you think is going to change?

Do you think CMS and DWP are going to stop and say, "Oh, actually, we didn't realise you filled in more forms than him, here's both CBs back and you can keep the maintenance"?

They have decided. You are 50/50. You are going to have to pay the money back. What are you going to gain by taking this through official channels? It's been through the official channels. Court isn't going to save you.

I'm SO glad I don't know you in real life, you are absolutely exhausting. I dread to think what your ex has put up with before this latest stunt. Honestly, he needs either a sainthood or his head read for ever having kids with in the first place.

They told you that you were the primary carer because that's what you told them. But that wasn't true then and it remains not true now, it just took CMS a while to catch up with reality rather than believing the lies you told them.

I never want to read the words "primary carer" again. Jesus fucking Christ.

All you have to do is close your CMS claim.

You’re the one who destroyed any potential of this remaining amicable by seeing ££££