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[Solved] Overpaid child maintenance

 
jrcoles
(@jrcoles)
New Member Registered

Hi All,

I got formally divorced in August 2019 however was paying child maintenance before this date as my ex moved out with the kids in Feb 2019. The end of the financial year is approaching and I've had the children considerably more than we agreed, which I'm fine with however the amount of child maintenance I pay is well over what it should be .

I've informed my ex that I've reviewed the calculation and I should be paying her £450 less a month come April. However she has checked with her solicitor and was informed the current rate needs to be kept in place until the August 2020 as that was the point when the consent order was signed which I understand but I don't believe is fair considering I started paying her way before this date.

Wondering if anyone can help answer the following questions -
1. I started paying child maintenance in March 2019 so does that have any standing against a consent order which is binding for a 12 month period i.e. from August 2019?
2. Can I request a refund for the overpaid maintenance in a financial year if she is not willing to be fair and review the child maintenance payment come the end of April 2020.

Any guidance would be welcome.

Best regards
John

Quote
Topic starter Posted : 20/01/2020 8:11 pm
Bill337
(@bill337)
Famed Member

hi,

i am not very experienced in this matter, but from what I read in other cases, you should wait for the 12 month period to finish, then you can sign yourself up to Child maintenance service and let them work it out for you. so say you sign up with CMS in september 2020, they will work out much you have to pay from the date you registered with them in september. they would not be interested in how much you were paying prior to this, as well as issues of refunds.

sounds like your ex is very hostile, so best option would be to pay £20 and sign up to CMS after your 12 month period.

ReplyQuote
Posted : 20/01/2020 10:19 pm
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