Child support being overpaid question

[namechangetwo]

Hi

My exhusband has been paying child support every month for 2 DC for 5 years. We are no contact, he is very abusive.

The deal in court was that when DC1 turns 18, he will stop paying for DC1 and halve his monthly payment to cover DC2 until they turn 18.

Well, DC1 turned 18 in September and so far, the payments have continued the same.

I do have his number but under absolutely no circumstances would I ever want to be in contact with him. Also - I need his money, I'm currently having to pay for DC2 to attend online school as they had been so traumatised from him, the divorce, relocating, lockdown etc that they have really struggled with attending school.

Am I ok to think fuck it, if he can't remember what he signed in court and what he's supposed to be doing then I can play dumb as well? Could he come after me and I could say 'oh sorry, I hadn't realised either....' he has no way of getting in contact with me other than knowing my parents address.

Or should I do or say something to my solicitor maybe?

Thanks

Just to add - child support was arranged in family court with barristers - the CSA are not involved, he pays me directly to my account.

Thanks

I don't know about the legalities of your situation but I understand that if you owe money and show willing to pay it back in regular small amounts, nobody can complain. So if he is entitled to ask for it back, offer him a fiver a month

I would say nothing but put the money in a savings account. When the ex realises and halves his payments, you will have to manage financially, so it’s probably best to start now.

I guess the danger is that he realises further down the line and decides to stop payments altogether to recoup his losses.

It's all very well saying offer him a fiver a month but if he's abusive I'd imagine he's more likely to stop payments than be fair about it and either let you keep the money or repay the overpayment at a tiny amount per month whilst paying what he should. And then you have to go to court to deal with it and in the mean time you're in a bit of a financial bind.

I'd speak to your solicitor and see what they advise.

I would say something OP. It's not worth the hassle later down the line. Do you work at all? Do you receive all possible benefits also?

is the 18 yr old in full time education? If they turned 18 in September it may not need to end till they finish sixth form/college next year?

My friend agreement is once FT education is finished.

Groannn!!! I don't want to say anything but I think you're probably right - definitely liked the idea of £5 a month repayment haha.

I do work and am on universal credit, I've been managing fine, but DC2 who is 15 is doing Y11 via online school and that has really knocked me financially, I had no choice though. It's not forever obviously.

I'll recheck my divorce settlement and see if it's when they turn 18 or when they finish full-time ed - yes DC1 is currently Year 13, so is in full-time ed.

Thanks everyone

If you went to the CMS he’d still pay maintenance for the 18 yr old until he finishes secondary education or turns 20. So he’s paying you to prevent you going to the CMS. Just go to the CMS. If the figure 5 yrs ago was based on CMS calculation on his then income, and he’s had pay rises since then, you’ll end up with more.