DH has an outstanding case with the CMS. Originally for 2 children which he hasn’t seen for nearly 15 years (not down to him). Never missed a payment.
His Ex continued to claim child benefit fraudulently after the eldest left college aged 18. There is a several thousand overpayment of maintenance paid to ex wife as a result. She is being pursued by child benefit for the overpaid amounts so this is not in doubt in terms of the fraud. Been advised by CMS that if at the end of the claim she owed him money, the only thing he could do was take her to caught at his own costs to recover the money.
September, ex claimed youngest was staying on at college despite having previously told CMS she’s left. For three months DH made a token £1 payment whilst proof was being sought that youngest was indeed going back to college. Youngest is also now 18. When it was proven she was enrolled, the revised payments came back at such a level that by the end of the year, ex will still owe him money if youngest leaves college at that point.
DH argued that he should only be paying minimal level of payment (if anything) until the arrears are recovered.
Ex argues that she still needs money for the “child” despite her having had it fraudulently already and has requested he be put on collect and pay for the assessed amount and that what happened with the eldest is nothing to do with the youngest.
His case officer changes week by week (so far he’d has 7).
Four agree with the ex wife and three agree with him. One minute he’s being told to only pay token £1 until the arrears are used up and the next he’s being told he’s going to collect and pay.
We don’t really want to fork out for solicitors fees but neither of us can establish exactly what the correct situation is. It also seems wrong that the CMS cannot do anything about arrears if the resident parent has fraudulently claimed and taken money.