I agreed monthly amounts with my ex for my disabled daughter has autism, i agreed to let her keep the DLA payment of £258.70 per month and I gave her £80-£100 per month plus bought anything my daughter needed - Very amicable.
I have now met someone else and immediately she wants more money and has got the CSA involved. They are saying I should pay £185.00 per month but they wont take the DLA into account (or theyre pretty sure they dont) I have seen a solicitor and the DLA payment should be split accordingly to how we have my daughter and as this 50/50.
I have worked it out she owes me in overpayments close on £5k. Does anyone know if I can claim this back via small claims court ?
Personally I would focus my energy on getting the CMS to accept that the DLA can be considered part of your payment. (I don't know if it can but go with your solicitor).
Do you really want to go through the small claims court for any overpayment of money that was for your daughter? Let's say you lose, how would that make you feel? Let's say you win, can your ex afford to pay you back? Would you need to enforce and send bailiffs round to where your daughter is living? What if she is ordered to pay it back at £5 per month, do you really want the hassle?
I'm also not sure you even can claim it back via small claims as is it even clear that you have overpaid? As you made an agreement to let her keep the dla and then pay an amount on top of this. It is only after the cms has calculated an amount that you realised you were paying too much, but you did agree to do so and weren't forced nor did your ex break any agreement that caused you a loss..
Focus your attention on the first part and forget the small claims is my advice..