AIBU to ask HMRC to persue ex for his share of overpayments?

[Number3cometome]

I was going to n/c, but fuck it.

Split with ex in 2013. 2 children, previously was on a low income, gradually made my way up the ladder at work, now on a decent income.

The ex does not see the children, he did for a while but it was few and far between. He does not pay any maintenance. After a year of asking him I went to the CSA, he has made up some bullshit about not working or claiming benefits so I have a zero award.

Now for the main bit. I have been paying a £10k tax credit overpayment since I left him. Tax credits dissolved our joint claim, and because of various factors over the years (childcare changes, him in and out of work) I was left with this large overpayment.

I have no argument for this, we know how tax credits go.

Initially I agreed with HMRC that I would take on the debt, ex is very difficult, (left for DV reasons) and I didn't want him having any sort of financial connection with me, or risk of him obtaining my address.

I have been paying £150 a month towards this overpayment and now feel that he should pay his half of the debt.

I am expecting a baby in July and really could do with less outgoings.

I've already cleared a good couple of grand off the debt.

AIBU to ask HMRC to now pursue him for the other half of the debt (basically halving my costs?) or am I spiteful that he is getting away scott free without paying a penny towards the kids?

FYI he did benefit from the money coming in when we lived together.
He was always on a very low income and I was main bill payer.

Did HMRC acknowledge it as a joint debt before you agreed to pay it?

My understanding is that whilst the application is made based on joint income the credits are paid on one named person, not the couple, so the debt will belong to the person who received the money in the first place.

Yes they acknowledged that it was a joint debt. Both parties are responsible for 50% each in joint claims.

I had the same problem with a significant tax credit overpayment to repay and an ex who had no income and as I was on the bare bones of my arse financially and emotionally. I too asked if they would persue my ex for 50% of the debt as it was his too.

I was told that we were jointly and severally (sp?) liable, I was already making payments to them, he had no income and it wouldn't be in their interests to persue him whilst I was making payments. I was told if I stopped paying altogether in protest they would persue me to court and I could put my case forward there for an equal judgement. I didn't want a CCJ so declined that suggestion.

At some point after I had a nervous breakdown and stopped making payments for a while and didn't hear anything and when I made a new claim with my DH a few years later I asked them about it and was told it was still there but they couldn't claw back the money from my joint claim with new partner.

I haven't heard anything since (8years) so presume they persued my ex and ended up writing the majority off, either that or it will pop up at some point to bite me on my backside.

At the time I was paying back £2 per week and the debt was £6K (my ex left me with £26k of debt and a mortgage to pay with DCs and a part time job). I remember going through my income/outgoings with the guy from HMRC and he laughed saying I'd be paying it back forever and I just cried down the phone at him.

I think the rules changed in 2014 whereas they will only pursue the joint liability at 50% each. It was becoming quite obvious that some partners who were non-contact or not working were meaning that the engaging partner (i.e. me!) were being pursued for too much.
When I set up the agreement in 2013 they did ask if I was only setting up my half and I said for now I will take the whole amount until he was on his feet. Not sure why!

Yanbu. But what happens since you accepted the debt in full, that maybe where there is a problem.

Yes I was thinking that, but I may argue I was in a great deal of mental anxiety and stress at the time!

Certainly I paid half a joint claim overpayment with them (off completely) i did agree it at the time though. Saying that every other year since they've written to me to indicate there is still an outstanding balance. I phone them, point out that it's not mine, I paid and agreed the ex was responsible for the rest (only 44ish% as it happened because I rounded up my payment). They apologise and say it will never happen again .
But they never take it further than lax admin (HMRC all over really, lax admin).

Thanks Flora,

I guess my question was really if I am being unreasonable to expect ex to pay up now!