Child Maintenance Payments

[Bertybop]

I'm trying to look online and I'm just getting bogged down with info.

DC moved in with me and their dad full time a few months ago. CMS was being falsely claimed still during that time and even though DC was living with us their dad had to pay out over £1k in cms payments to mum still.

We've finally got child benefit changed over to us which means CMS will actually listen about DC living with us full time now but is there anything we can do to claim back that money that was taken falsely by mum in that time?

We have so much proof of DC living with us but child benefit was the only thing CMS would go off before.

His dad in any arrears? If so maybe they will take it off the arrears. If not then I think it will be hard to get any kind of payment back from her

Is* not his

Nope, fully paid up every month. I wasn't sure if we could claim back from CMS or if it would be a small claims court deal if we even wanted to try.

Did he notify CMS as soon as the child moved in? And did he appeal their refusal to stop maintenance? If he’s not done that there’s not much he can do.

He did however mum refuted claims and was falsely claiming child benefit still. Because child benefit was still with her cms wouldn't do anything. We were taking it to tribunal but mum has finally put a stop to CMS and also changed child benefit over to us. Dad is getting the back pay from child benefit as he put a rival claim in for that and now that mum couldn't prove DC lived with her that's all gone through fine. It's just those payments that were made when DC was actually living with us that I'm concerned about.

He should keep his appeal open. They can backdate the change of residence and she should owe him for the months he paid when the child was living with him.