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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:
May17th · 08/03/2021 16:42

I didn’t have the exact same situation OP.

However my ex can be petti and I was over paid £20.00.

CMS said I had to pay it back. Your DH should push through with his complaint!

DrDizzy · 08/03/2021 16:58

Surely if the CMS aren't able to process refunds, then they should make sure that they have calculated correctly?

They have admitted that they got it wrong.

The past year has been horrible for my husband. He has had to provide mountains of evidence to the CMS. His ex didn't have to send them anything. She didn't have to prove her circumstances. After he sent them everything, his ex changed her story and admitted that he had been telling the truth all along.

Even worse, they told his ex his precise salary. How is that fair?

This is why he wants the refund.

OP posts:
May17th · 08/03/2021 17:16

It sounds like your husbands ex has been over paid. I don’t see why he cannot get the money back. The money would have to be paid back from the ex...

Interested in this thread?

Then you might like threads about this subject:

BigFatLiar · 08/03/2021 17:23

Will the question of a refund be addressed by the investigation into the complaint?

Pillowcase123 · 08/03/2021 18:43

Your new update seems like this is anger at CMS more than anything. I have every sympathy with that, it sounds super tough.

Ultimately though it comes from the exs pocket. CMS arent going to be hurt or anything by this. If you/he is willing to set up a payment plan for the ex, so be it but the money will not (and cannot!) come from CMS

Good luck.

Sorefret · 08/03/2021 19:40

I seems like you're hoping the tax payerCMS will quietly and easily refund without involving ex. That's not going to happen. DH may well be due a refund but it's going to have to come from ex, even if the CMS act as the go between.

EatTheMince · 08/03/2021 20:06

Can the ex afford to refund the money without leaving the child in poverty when with her? She accepted the money in good faith based on the cms calculation based on what she had admitted to be the correct circumstances.

DrDizzy · 08/03/2021 20:11

I agree that this isn't only his ex's fault (even though I think she was wrong to start the claim and lie about my husband).

However, whilst it isn't her fault, it isn't my husband's either. He has told the truth the whole time, done the work required of him, and paid what he was told to.

His ex was the one who chose to go to the CMS. She was also the one who lied to them. Therefore, I have little sympathy for her I'm afraid.

OP posts:
DrDizzy · 08/03/2021 21:36

This reply has been deleted

Message withdrawn at poster's request.

KettleWentBang · 08/03/2021 22:03

My ex many years ago over paid his ew.
A total of 10k over time. Due to csa( as it was then) mess up.
She had to pay every penny back.
He didn't persue it. He just got a letter saying its owed back to him.

May17th · 08/03/2021 22:16

It is her fault OP. It states on CMS letters about overnight stays! Plus if he was paying for holidays and so on it’s greedy of her!

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