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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:
SLS1972 · 27/10/2022 08:32

My ex is appealing his amount. I'm also worried I may be forced to pay the amount back (set by cms) of the appeal is found in his favour.

mattyprice4004 · 27/10/2022 11:46

SLS1972 · 27/10/2022 08:32

My ex is appealing his amount. I'm also worried I may be forced to pay the amount back (set by cms) of the appeal is found in his favour.

This is a really old thread from 2018, you’re probably best starting your own

Starlightstarbright1 · 27/10/2022 11:59

Hoppinggreen · 21/03/2020 12:08

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

Perfect response

SLS1972 · 27/10/2022 13:41

Wow, didn't come on here to get trolled....I just asked a simple question.

I thought this was a safe place for support... my mistake!

Collaborate · 27/10/2022 14:09

SLS1972 · 27/10/2022 13:41

Wow, didn't come on here to get trolled....I just asked a simple question.

I thought this was a safe place for support... my mistake!

You weren't being trolled. No need to be touchy. You posted on a zombie thread.

At the top of the page there is a big blue link "start new thread" where you can ask a question of your own.

And you didn't even ask a question.

SydneySage · 27/10/2022 17:11

SLS1972 · 27/10/2022 13:41

Wow, didn't come on here to get trolled....I just asked a simple question.

I thought this was a safe place for support... my mistake!

you'll need a thicker skin if you're planning to stick around

that was not trolling or even harsh

devoteddadsouth · 27/10/2022 18:42

So funny that I only got a notification of posts on this thread today and not previously, just to I know you read my whole post previously albeit 2 years ago and I guess you agree that I have valid points here as the only thing you mentioned was advanced payment, you know my first suggestion was to actually send it back if there was an issue or failing that my BEST suggestion was to save it and tell the child it’s from dad.

devoteddadsouth · 27/10/2022 18:44

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

So funny that I only got a notification of posts on this thread today and not previously, just to I know you read my whole post previously albeit 2 years ago and I guess you agree that I have valid points here as the only thing you mentioned was advanced payment, you know my first suggestion was to actually send it back if there was an issue or failing that my BEST suggestion was to save it and tell the child it’s from dad.

Floomobal · 01/11/2022 14:48

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.

🖕🏻

Interviewnamechange · 03/11/2022 01:10

I think it’s a bit much to claim back payment for him paying less this year. Just start even and go back to calculated amount. It is quite money grabbing.

Collaborate · 03/11/2022 07:06

ZOMBIE THREAD

IrritatedB3dM4ker · 08/06/2024 07:53

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.

So you only went for shared care to avoid paying maintenance...nice...😬

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