Child maintenance

[Ableunicorn]

Hi all,
Hoping someone will have some more experience with this situation than me.

I'm the receiving parent for Child Maintenance - my kids dad (paying parent) recently made a claim that he has a privately agreed child maintenance arrangement for another child - the thing is, he doesn't have another child and lives with his mother whilst we sell our marital home.

It turns out the child he's claiming for is the child of his affair partner (he's adamant the child is not his), child is older than our marriage.

Due to data protection CMS won't tell me anything, except that they've reduced my payments based on the 'evidence' he's provided that he's in a private arrangement.

Does that sound right? He is claiming that he has told them the child isn't his and he doesn't live with the child, either. But how could that possibly be allowable? Surely paying parents could claim they're paying for any random child in that case?

I've spoken to two people at CMS who have both said they wouldn't accept it unless the child is his or he's living with them, but he's not.

I've already done a mandatory reconsideration which upheld their decision - however, this was done without any input or evidence from me as I was misadvised on the phone by CMS (they admitted this and apologised, but said they will not look at the mandatory reconsideration again).

Sorry this was very long - basically, I just want to know if this is usual or if anyone has heard of it happening before - I honestly have so much going on right now I'm not sure I can cope with a tribunal if they're just going to uphold the decision anyway, but I could really do with the money, frankly.

I think the PP may be lying to you about telling them it's not his child and may have done this to purposefully reduce his maintenance towards your child/children.

My child's dad and his wife have done this. Whereby, she has opened a fake case and added their joint child and her child from a previous relationship in order to reduce my sons entitlementment.

It's fraud and they are being investigated.

@LM10000 I did wonder if he's been honest with me - if he's not it wouldn't be the first time.

Surely CMS require some proof that the child is actually theirs, though? A birth certificate or something?

Unfortunately not. If the PP doesn't dispute that the child is not theirs CMS will take their word for it that they are the bio parent.

I complained and complained and complained some more until it got sent to FIU. But I was 100% sure it was fraud and reduced my sons entitlement by half so I just would not let it go.

If u need the email of who to complain to just send me a message.

Do you know the date of birth? Anyone can get a copy of the birth certificate see if someone else is named on it?

Oh. I thought they'd at least require some sort of proof that the child is actually theirs if it's reducing the maintenance paid elsewhere.
Mine is not quite reduced by half but enough that I'm going to have to explain to my kids that they'll have to stop after school classes because I can't afford them.
Did you do mandatory reconsideration and then tribunal? Would love the details if you're happy to send them to me. This feels so unfair.

Oh! Can they!? I didn't know that. I might be able to work out dob (my kids went to his party). Thanks for that - I'll do some research and see what I can find.

Unless the PP disputes it and asks for a DNA test for the child in question then no. CMS do not look at birth certificates etc.

I doubt a mandatory reconsideration would work in this case. But might back up your case when you come to ask for it to be looked into.

If u do suspect fraud, please follow through with it. so many men are using this loopehole to reduce their payments.

You do not need a birth certificate to claim cms