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Original poster

Ex has overpaid child maintenance

37 replies

Sleepyshores · 20/09/2018 14:02

Hi, my ex partner pays child maintenance for our daughter. The amount is set by the child maintenance service, but he pays me via standing order. For most of last year, he paid me around £80 more than the amount that was set by CMS. I told him about this several times and he said he would lower the amount, but he never did. I have no idea why he overpaid. This year however, since January, he is paying me less than the amount set by CMS. I haven't contacted CMS about it as I'm scared they will make me pay back the money that my ex overpaid me by. However, I need my ex to pay me the correct amount this year as I'm currently in dire financial straits. Does anyone know if my ex can claim back the overpayment, even though it was his mistake? Many thanks.

OP posts:
combatbarbie · 20/09/2018 14:06

If it's set by CMS and not enforced via pay then it's the recommended amount, if he overpays that's not your problem....if you can prove you've told him, I'd say that was acceptance of paying more than the required amount...now he's under paying I'd call them and make it clear it was voluntary by him to overpay.

grumpydwarf · 20/09/2018 14:09

If it was only verbal that you told him I don't think the CMS would care. When my ex applied for a variation due to travel and it changed the amount he should pay monthly they adjusted all the months back to when he applied for the variation. Maybe you could try but to be honest it might swing either way. He can prove he has over paid you in the last. The fact he didn't report it to them might mean they won't count it but without speaking to them you can't be sure.

Fiffyshadesofgreymatter · 20/09/2018 14:22

I’ve created an account just to answer this. I had the exact same thing with my ex.

He kept overpaying, and I kept telling him by email but he didn’t stop. I also phoned the CMS each month to tell them that he had overpaid. This is what they said.

“We set the amount, and as long as they pay that as a minimum then we take no further action. If they pay more then we see that as them willingly contributing more to their child and he cannot claim it back at a later date”.

This was a year ago or so, things may have changed now but that’s what I was told. When our annual review was done and they set him a new amount, that’s what he had to pay. They didn’t reduce it due to previous overpayment.

But really, you need to not be asking on mumsnet. You need to call CMS yourself and explain, they will give you the up to date information and if he needs to pay the set amount now without reduction then they will enforce it.

Original poster
Sleepyshores · 20/09/2018 21:07

Dear all, thank you very much for your replies. I'm going to contact CMS tomorrow about the underpayments and try to get this sorted out.

OP posts:
NordicNoirRocks · 21/09/2018 07:41

I’d be interested to hear what they say, OP.

ems137 · 21/09/2018 07:43

The CMS amount is the legal minimum, of course there is no way he can claim back anything he paid on top of that. How absolutely ridiculous that he thinks he can!!

ems137 · 21/09/2018 07:44

Even if he had been underpaying by £80 for the past year, because you had a private agreement there would be nothing you could do to claim back payments. It works both ways.

Fiffyshadesofgreymatter · 21/09/2018 07:49

@ems137

I don't think it's a private arrangement. They've gone through CMS but have chosen direct pay rather than have CMS collect it and pass it on (that incurrs a fee for the paying parent so only happens if they don't pay willingly).

CMS are still in charge of what he pays and if he doesn't they can enforce it. If They've simply used the calculator on the website then CMS aren't involved, but if they have an open case then CMS will get the money. Direct pay does not mean it's a private arrangement.

Original poster
Sleepyshores · 21/09/2018 09:24

Thank you for your replies. I rang CMS this morning. They actually have it on record that I reported that my ex was overpaying last year and that they had contacted CMS about it and they wrote to him about it. Why he overpaid is beyond me as he is very tight with money, so I'm baffled. Anyway the good news is that they said that there is no way he can now underpay, as it was his choice to overpay me and that he can't claim it back. They will contact him to say that he needs to pay the right amount and backpay me. They said that if he doesn't do this, they will go to direct pay and take it out of his wages. Thank you all again.

OP posts:
Original poster
Sleepyshores · 21/09/2018 09:26

Sorry some of that doesn't make sense. ''They actually have it on record that I reported that my ex was overpaying last year and that they had contacted CMS about it and they wrote to him about it.'' should say:

They actually have it on record that I reported to them that my ex was overpaying last year and that they had they wrote to him about it.

OP posts:
Fiffyshadesofgreymatter · 21/09/2018 09:54

Oh that's good! He might give you some grief, so let it wash over you and don't engage. Hopefully he just agrees to pay it so you're not struggling for weeks while they move to collect.

5Makes9 · 21/09/2018 10:10

Direct pay isn’t out of his wages. Collect and pay is out of his wages and if that happens, you lose 4% of what you’re supposed to receive.

Collaborate · 21/09/2018 10:24

Overpayments can only be claimed back if there is a delayed reassessment - eg absent parent contends a change of circumstances. Continues to pay as per assessment while CMS look at it. 2 months later there is a downward adjustment - this would be backdated.

devoteddadsouth · 21/03/2020 11:33

It would have been very easy for you to send the £80 overpayment back to him, or even put it in a savings account for the child and let the child know that it was dad who saved that money aside for them, or in the eventuality that he would ask for the money back at a later date (which I don't think would be a great idea personally) You did neither. This would be because you didn't exactly care too much that he was overpaying apart from sending a few emails that you say. If it was an underpayment I am sure you would have been straight on the phone to the Child Maintenance Service, the only reason you hadnt was because you were scared of them or him asking for the money back. I think the Child Maintenance service is the last resort, they treat dads like dirt anyway. i think you should have accepted the over payment and then took it as an advance for this years under payment. Mother of my child took me to Child maintenance when I was paying £450 and it should have been £220 according to their calculations. I would have continued to struggle and pay her the£450 if we agreed on custody and school arrangements and to not get Child Maintenance involved. In some cases they are nessesary but in other cases when people are being petty they are not useful.

Hoppinggreen · 21/03/2020 12:08

Maybe you should go and find a more recent thread to be bitter on?

LochJessMonster · 31/03/2020 18:54

I’m gonna be honest you don’t sound much like a ‘devoted dad’.

‘Advanced payment’ for his own child, ffs Hmm

Kattytay16 · 20/01/2021 16:52

Do not even go there, my ex financially controlled me when together he started overpayments years ago (cause he felt guilty for past none payments and could afford it) he has now claimed years back and been awarded it and I am now without payments in arrears and again back to financial control and cms are allowing and encouraging it, I’m taking it further but as the last cms worker told me it is luck of the draw as to who decides!

Sic · 01/06/2022 16:19

Where do I stand? CMS have told my ex he has been overpaying £66 per month on his 2 children, they reduced his payments, now he wants me to pay back 4 years of £66 per month, CMS set the initial amount, please help!

CombatBarbie · 01/06/2022 16:23

Sic · 01/06/2022 16:19

Where do I stand? CMS have told my ex he has been overpaying £66 per month on his 2 children, they reduced his payments, now he wants me to pay back 4 years of £66 per month, CMS set the initial amount, please help!

As per the above, not your fault he overpaid. This is an error on CMSs calculations not yours. I'd find it very unlikely he could pursue his threat.

Bluebellbike · 01/06/2022 16:38

This thread is dead as a Dodo. It is from 2018.

CombatBarbie · 02/06/2022 15:56

Bluebellbike · 01/06/2022 16:38

This thread is dead as a Dodo. It is from 2018.

It's not, I didn't have an acct in 2018. This was posted only a few days ago.

WooNoodle · 02/06/2022 16:02

CombatBarbie · 02/06/2022 15:56

It's not, I didn't have an acct in 2018. This was posted only a few days ago.

Show quote history

Yes but added to a very old post

Skeptadad · 02/06/2022 19:40

CMS is terrible. It doesn’t work for high earners with ex partners who are wasters. Too much incentive to go for shared care: Should be capped around sustenance + 50%.

Although I am glad they are around as it pushed me to go for share care and now I have a totally amazing life with my daughter which might ever have happened.

iCorvidae · 09/06/2022 16:31

Sic · 01/06/2022 16:19

Where do I stand? CMS have told my ex he has been overpaying £66 per month on his 2 children, they reduced his payments, now he wants me to pay back 4 years of £66 per month, CMS set the initial amount, please help!

you might want to start your own thread

caringcarer · 09/06/2022 18:36

My ex used to pay extra some months and much less other months. Then he stopped paying. I contacted CMS and they said he did not have to pay for almost 2 more months because he was overpaid (in credit). I am absolutely sure he did it on purpose to make life harder for me.