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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Ex trying to reclaim money from child

187 replies

Preeel · 23/10/2024 13:46

18 months ago my ex went back to university to train to be a teacher. During that time period, he was technically ‘unemployed’ (he did receive a grant, but that’s irrelevant in CMS’ view). As such, the child maintenance calculator reduced his payment to £0. His father, my child’s grandfather, then got involved and said he would continue to pay £50 a week in maintenance on behalf of his son as it wasn’t right that our child wasn’t supported. This money was paid via the grandfather to my ex, then he would transfer it to me.

My ex is finally employed and the maintenance calculator has said he needs to pay £100 a week. However, my ex is now claiming that the CMS should subtract all of the money that his father paid over the 18 months, therefore reducing his sum of £100 a week. It’s almost £4,000. I disagree as this was never the agreement, and I was never told that essentially I would need to pay this money back. It was a gentleman’s agreement if you like between the three of us to make sure our child continued to be supported.

AIBU or has my ex got a case to claim this money back?

OP posts:
Itsmahoneybaloney · 23/10/2024 21:13

Preeel · 23/10/2024 19:28

I’ve tried to phone his dad but not managed to get through. I only finished work at 7pm. Last time I phoned CMS I was on hold for over an hour (!), they also close at 6pm. I’m going to phone first thing in the morning as generally you get put straight through.

I'd try his dad first again in the morning. Elderly people are often early risers and early to bed (generally speaking before anyone shouts at me)

Preeel · 23/10/2024 21:44

Itsmahoneybaloney · 23/10/2024 21:13

I'd try his dad first again in the morning. Elderly people are often early risers and early to bed (generally speaking before anyone shouts at me)

Thank you, that’s the plan. Will update tomorrow 🙂

OP posts:
Duckingella · 24/10/2024 02:40

DanielaDressen · 23/10/2024 17:32

Hope you’ve pointed out to him what a low life disgusting specimen of a father he is. And told his dad about his son’s proposal!

There's far too many of them around

BrooookeDavis · 24/10/2024 03:08

Preeel · 23/10/2024 21:06

I’ve just logged back in to check it before speaking to his dad and CMS tomorrow, and he’s dated that he made the voluntary payment to the tune of almost £4k yesterday (Oct 22nd), which is very confusing. Any idea why? I’m assuming it’s because CMS won’t consider backdated payments from months / years ago?

Well that helps hugely but you can disagree completely because that's not what happened regardless of his father's involvement.

BrooookeDavis · 24/10/2024 03:08

*because

tamade · 24/10/2024 04:17

Apologise I have not read the whole thread, but first the page has made me so angry.

DeathNote11 · 24/10/2024 06:12

You recieving £50 a week was a private agreement that has nothing to do with your live claim. The only way it could affect it is if it's declared as a lump sum payment made against this financial year's liability ....... & that is what he's trying to do. It's fraud.

Phone the CMS at 8am when it's easier to get through. They're used to reluctant payers trying tricks such as this. It will be sorted out in one phone call & you will be believed.

I'm relieved to hear that this man is entering a career where Deduction of Earnings orders can be effective, because I think you're going to be heading that way. He sounds awful.

PeriPeriMam · 24/10/2024 06:27

Lovely grandad and shamelessly awful father. I have no words otherwise 😞

Actually I do. He's trained as a TEACHER?

GabriellaMontez · 24/10/2024 07:55

Tbh you don't even need to ask his dad.

Just correct cms.

You're right, they won't be interested in weeks of old payments. That's why he's lied.

Itsmahoneybaloney · 24/10/2024 11:10

Preeel · 23/10/2024 21:44

Thank you, that’s the plan. Will update tomorrow 🙂

How did you get on? Sorry not pestering you but I'm just so astounded by this poor excuse for a man that I'm looking forward to hearing about him getting his comeuppance!

Floppyelf · 25/10/2024 14:20

DeathNote11 · 24/10/2024 06:12

You recieving £50 a week was a private agreement that has nothing to do with your live claim. The only way it could affect it is if it's declared as a lump sum payment made against this financial year's liability ....... & that is what he's trying to do. It's fraud.

Phone the CMS at 8am when it's easier to get through. They're used to reluctant payers trying tricks such as this. It will be sorted out in one phone call & you will be believed.

I'm relieved to hear that this man is entering a career where Deduction of Earnings orders can be effective, because I think you're going to be heading that way. He sounds awful.

@DeathNote11 is right

Ohthatsabitshit · 25/10/2024 14:37

What an awful man.

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