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Original poster

The CMS has suddenly change my husband's payments to zero

36 replies

DrDizzy · 06/03/2021 11:01

Hello, I posted about a disagreement my husband was having with the CMS last year. The previous thread is here:

www.mumsnet.com/Talk/_chat/3979350-Is-this-right-Child-maintenance-related

Basically, my husband has his son (age 9) around 65% of the time. He also pays for all school uniforms, lunches, holidays, and so on. Thus, he does more than his share of nights and care.

Despite this, his ex-wife started a CMS case against him. He was ordered to pay his ex around £200 a month.

He decided to appeal this decision as it seems unfair given that he is already doing more than his share of childcare and living costs.

Anyway, he has launched a formal complaint, which is ongoing.

Last week, he received another letter from the CMS saying that his payments have been changed to zero. The case his ex started is still open, but he now owes her £0 per month. He received no assessment or evaluation of why this change had been made.

He rang the CMS and asked why the amount has been amended. They said it was because his ex and him have equal shared care. He queried why that has only just changed now, given that they have always had shared care. They said they didn't know.

The complaint to the CMS is being dealt with by an external body and apparently had nothing to do with this recent change.

Does anyone know why the CMS would suddenly make this change?

Also, given that this change is based upon something they knew last year (and the ex wife agrees that they have shared care btw), is my husband entitled to his money back?

Any help would be much appreciated. :)

OP posts:
Original poster
DrDizzy · 06/03/2021 11:34

Just to add: my husband has been paying the CMS payments since the case was opened. Prior to this, he had been paying maintenance to his ex directly.

OP posts:
earlydoors42 · 06/03/2021 13:24

I wouldn't try to get the money back - you said he was paying directly even before the CMS told him to pay. Does he think the £0 is right then if he was happy to pay previously?

Original poster
DrDizzy · 06/03/2021 15:38

Thank you for your response.

Prior to the CMS, the dad was paying maintenance to the mum to keep things peaceful. When their child was a baby, the mother often told my husband that he couldn't see his son unless he paid maintenance, which was why he did.

The CMS seem to have admitted that he shouldn't have to pay, so I think that he absolutely should get the money back. They have made the mistake, not him.

OP posts:

Interested in this thread?

Then you might like threads about this subject:

Family law
Pillowcase123 · 06/03/2021 15:43

It sounds like a really rough time for your DH - glad they seem to be sorting it now.

On a refund though, where would that money come from? Presumably the money has been spent by the ex on the DC? Are you wanting her to pay him back?

Original poster
DrDizzy · 06/03/2021 17:07

Where the money comes from isn't my husband's concern. As far as I can see, he has been paying money that he shouldn't have been paying. Thus, he is owed a refund. Where the CMS get that money from is nothing to do with us.

OP posts:
AnneLovesGilbert · 06/03/2021 17:15

Wow, she’s been taking the piss for years and should be paying him child support as with a 65 split he’s the primary parent.

Morally of course she should pay it back. It’s all very well saying she’s spent it on their son so where would it come from. The money he’s been giving her because she threatened him and he wasn’t properly informed could have been spent on their son when he’s at his dads for more than half the week.

How much does he think he’s overpayed/wrongly paid?

AnneLovesGilbert · 06/03/2021 17:16

He can make a claim for the child benefit if he earns under the threshold. He’s got more child related costs than his ex does so he should get it.

Which address are school, doctor, dentist etc using for your step son?

Pillowcase123 · 06/03/2021 17:25

But he hasn't been paying for CMS who have been providing a service has he? I can see the argument for getting a refund from CMS for any % that they take for admin but beyond that?

He has been paying for his DC. Asking for a refund would mean asking for it from his ex. Is he prepared to do that?

Pillowcase123 · 06/03/2021 17:26

I'm not criticising btw, just an odd situation! CMS dont keep the money so I really cant see him getting a refund from them. Would be interested to see what happens in this scenario.

AWhisperWillDoIfThatsAllYouCan · 06/03/2021 17:31

Why doesn't he open a case with CMS and get maintenance from her? He is the primary parent, so she should be paying him.

If you've got a complaint in about the money he was made to pay previously, then let that complaint work through and see how it comes out. If you're unhappy with the decision, is there a process to appeal after this?

RandomMess · 06/03/2021 17:33

If he has more nights than his Ex, he could open a CMS claim against her. That would be one way to get the money back?

AWhisperWillDoIfThatsAllYouCan · 06/03/2021 17:33

@Pillowcase123

But he has primary care of the kids, so she should have been paying him. Instead, she fraudulently claimed money from him and CMS forced payment before checking the facts. The mum needs to return the money so the main parent can spend it on the kids and all the things he is paying for.

AnneLovesGilbert · 06/03/2021 17:36

@RandomMess

If he has more nights than his Ex, he could open a CMS claim against her. That would be one way to get the money back?
Hmmm. He’s been owed child support from her the whole time he’s been the resident parent. Any money from her through the CMS from now on is the minimum she owes as a contribution to their son’s costs so he won’t be getting anything back for the past.
beelola · 06/03/2021 17:37

No chance of a refund I'm afraid because the money doesn't stay with the CMS.

Pillowcase123 · 06/03/2021 17:44

@AWhisperWillDoIfThatsAllYouCan well, according to OP, she admitted the kids were with the Dad more and they ruled on the £200 anyway. Not sure how the CMS messing up is fraud on her behalf? Hmm

RandomMess · 06/03/2021 17:45

@AnneLovesGilbert no it's not a refund but it's money he's never had before. I'm surprised/shocked he never bothered to look into it properly before.

Is contact court ordered? Who receives child benefit - if it's his ex that means on the surface she appears to be primary carer.

Original poster
DrDizzy · 06/03/2021 17:46

My husband has his son around 65% of the time. However, their formal arrangement (agreed with a mediator not a court order) is 50-50.

My husband often has his son more than formally agreed as the mother travels a lot for work, or did pre-COVID at least.

My husband doesn't want maintenance from his ex. He is even happy for her to keep the child benefit in order to keep the peace. He just wants what is fair.

OP posts:
AWhisperWillDoIfThatsAllYouCan · 06/03/2021 17:49

@Pillowcase123

His ex had told the CMS that my husband only has his son every other weekend (which we can prove is not true). The letter from the CMS told my husband that he needs to pay a certain amount to his ex each month, plus 20% extra.

That is what the ex said when she made the claim. They told CMS the true amount of shared care, but it has taken them this long to update the claim, even though the ex seems to have admitted it at some point between making the claim and now.

Notabove25 · 06/03/2021 17:49

Surely any refund would have to come from her? Given he was happy to pay before to keep the peace, why would he want persue refunds?

AWhisperWillDoIfThatsAllYouCan · 06/03/2021 17:51

OP, what is fair is for her to pay maintenance. The idea that men are the only ones who should pay is outdated. The idea that women paying isnt fair is outdated.

He has the kids more. It is fair for her to pay.

Original poster
DrDizzy · 06/03/2021 22:00

[quote AWhisperWillDoIfThatsAllYouCan]@Pillowcase123

His ex had told the CMS that my husband only has his son every other weekend (which we can prove is not true). The letter from the CMS told my husband that he needs to pay a certain amount to his ex each month, plus 20% extra.

That is what the ex said when she made the claim. They told CMS the true amount of shared care, but it has taken them this long to update the claim, even though the ex seems to have admitted it at some point between making the claim and now.[/quote]
I don't think that's why they've switched it to zero.

When his ex first contacted the CMS, she did lie about the number of days that my husband had his son. The initial amount the CMS told my husband to pay was around £300 per month.

However, my husband easily disproved her claims.

After that, she agreed that they had a 50/50 split. The CMS then gave my husband a slightly lower amount (around £200), and told him that he had to pay that. They said it was against the law for him not to, so he paid it.

As I said, soon after, he started a formal complaint against the CMS, which is still ongoing.

OP posts:
Original poster
DrDizzy · 07/03/2021 13:28

@Notabove25

Surely any refund would have to come from her? Given he was happy to pay before to keep the peace, why would he want persue refunds?
Initially, he paid his ex maintenance as when their child was a baby, she did have him slightly more due to breastfeeding and so on.

Since their child was a toddler, he has always had his son more than 50%, but he still paid maintenance as she threatened to remove access if he didn't. He wasn't happy o pay the maintenance, but he thought it was cheaper than getting a court order.

He wants his money back as the CMS have admitted that he doesn't need to be paying it.

He isn't asking for the whole 8 years back, only the CMS payments from the last year.

OP posts:
beelola · 07/03/2021 16:41

The refund would have to come from the ex and she isn't obliged to give it to him. He could ask her but you say he's keen to keep the peace...

Original poster
DrDizzy · 07/03/2021 18:36

I get what you're saying, but it is the CMS who have made the mistake here, not my husband. Therefore, why aren't they the ones to sort out however my husband gets his money back?

OP posts:
beelola · 08/03/2021 16:26

Because that's just not how it works. The CMS don't keep the money so wouldn't issue a refund themselves and they can't go to the other parent and demand money back. Imagine how that would be exploited by some NRPs and how many RPs could be left in poverty. It's not worked out well for your DH but there's not much he can do about it unfortunately.