Maintenance question.

[nomoretether]

DH pays maintenance at the CMS rate on time every month by bank transfer. Paid on 1st Sept as usual for maintenance to cover 1st to 30th Sept.
ExW has called CMS to apply through them (because she thinks his pay has gone up, it's actually slightly reduced!) and now he has to pay through them, starting 7th September, even though he already paid her directly for this month. Apparently there's nothing they can do about it.
Is this right?? How is it fair that DH pays a not insignificant sum and then has to pay 3 weeks worth again??

If the claim was started on 7th Sept, then he will be liable for that period.

Do they have a parenting agreement that includes details of the CM payments being made directly by bank transfer? Can he prove what he paid (by bank transfer) was a maintenance payment?
The system (unfortunately) places responsibility on him to prove that what the RP is saying is incorrect and in this case, she's playing the system.

If your DP can provide evidence that the last payment he made to her was for the period she has also claimed from them, they should change the date of the claim.

They don't have a parenting agreement but the amount is more than what they're saying he actually needs to pay and is referenced "child maintenance". Also referred to in emails.

Will get DH to call again as they said there was nothing they could do at all - they didn't say he could send in evidence or anything. I understand the onus is on DH which is fine but not paying two lots of £500+ just because she's decided to claim. She also "forgot" to tell them about our children and overnight stays.

And thank you - that was really helpful :-)

This happened to us. RP lied and said the payments weren't maintenance and then that it was for prevous month. CSA said nothing they could do. Got local mP involved and they then looked into it. Had to show statements back to seperation to show when first payment was made in relation to seperation. They eventually agreed and reduced payments to allow for overpayment he had to pay while it was being sorted out.

MP may be able to help. good luck

needa it's not so much they ignore it - it depends if the RP says they've received it, and if they do, what they say it was for.

It's why it is recommended that all private CM payment agreements are documented in a parenting plan and payment is made via bank transfer or cheque with clear labelling that it is a regular child maintenance payment.

It's not unusual for a RP to claim it was a gift, or a one-of payment towards a specific expense. In fact, the timing of this makes me wonder whether the OPsDPsEx has been taking advice from other forums - I've seen RP advised to go to the CSA in September soon after the schools go back and then state to the CSA that they did have a payment from him recently, but the money they last had from their ex was towards school shoes not a regular maintenance payment.
Some NRP pay cash because that's the only way the ex will accept it - and then find themselves liable for CM through the CSA because they can't prove they've paid anything directly to their ex.