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Child Maintenance paying back overpayment

4 replies

summerfreckle · 04/01/2022 20:03

can anybody tell me how long Is permitted to payback CM overpayment? My DH is paying his ex for 14yo Son who stays with us every other weekend for 3 nights. His ex was paying him for their daughter who lives with us and who stayed with her mum every other weekend for 2 night (on a good weekend). Various issues with Daughter and her mum meant that didnt always happen. (she wasnt prepared to pick her up from work so she could stay...Very long story)... Anyway daughter turned 18 in August and his Ex has just realised she should be getting more off him for Son as she was no longer required to pay for Daughter. My question is how long is permitted to allow to pay her back what she has overpaid. Can we stretch the overpayment over the next 12months for example? or is there a set time frame for paying back over payments? DH cant speak to Child Maintenance before next week due to their opening times and work commitments. Child Maintenance options couldnt answer and adviced speaking to CMS. can anybody help please. This will hopefully be a private arrangement.

OP posts:
Soontobe60 · 04/01/2022 20:10

I’m not sure why anyone was paying anything seeing as the kids were split almost equally between their parents! Who was paying what?

AndSoFinally · 04/01/2022 21:07

I'm not sure you can claim back an overpayment? The CM is the minimum you're expected to pay, if you pay more so be it. She can start paying the "correct" amount from now, but I don't think she'll get any back

summerfreckle · 05/01/2022 22:35

dad was supposed to pay £184 ish to mum for CM for Son. Mum was supposed to pay £112 ish to Dad for Daughter. who turned 18 in August. We are forever buying new clothes & shoes for Son as she doesnt keep him in clothes that fit or shoes that arnt falling apart. And teenage daughers are not cheap either lol. We have insured, taxes and maintained her car so she could learn to drive. which thankfully she now has passed but Mum doesnt contribute even a penny towards daughter. she even begrudges picking her up from work on her weekends to have her because it was too late for mum. We are talking 10.30 at latest qs daughter is trainee chef qmd 10mins drive (not feasible for daughter to walk to hers from work on dark country roads. i personally do not understand mum at all

OP posts:
RedHelenB · 06/01/2022 11:05

I don't understand why his ex thi ks she should get mire for the son now that the daughter is 18. Is the father paying the correct amount of maintenance in line with the overnights he has with his son? As that is the only thing that matters legally now.

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