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Overpayment of Child Maintenance

 
 Stef
(@stef)
New Member Registered

I never agreed to a CSA/CMS amount to pay for my children over the past 11 years.

I just paid what I thought was about right direct to my ex without CSA/CMS being involved.

I have recently looked at the CMS calculator and worked out I have overpaid by nearly £30k this does not include extra payments for trips and holidays abroad that I took them on.

I do not want to claim any of this back as the money was for my children to have a decent life.However I am now wanting to reduce my payments going forward as my new wife and I, who have been together for 10 yrs want to try and buy a property.

We are running out of time as we are both over 50yrs.

I have one daughter who is 21 and I a not paying my ex for - One daughter who is 18, turns 19 in August and going to Uni in Sept, One son who is 16, 17 in Oct and going to Part time college in Sept/working balance days and one daughter who is 13.

I feel I have paid for all of them for the last 11 yrs, to have the best life possible in a separated family.The only one really who will be affected by the reduction in payment would be my 13yr old, and even then my ex would still be getting £300 a month, which is over half of what I gave when paying for all four, so my ex should still be able to give her all she needs with the money I pay.

My question is  - Can I reduce payments down in view of the overpayments? or because there was no CSA/CMS involvement is it taken that the money I paid was an agreed amount between me and my ex and so there can be no retrospective dispute?

I am not wanting to make a drastic reduction either - I currently pay £530 a month but want to reduce to £400 (CSM CALCULATOR SAYS I SHOULD PAY £540) and then once 2 of my children, one in part time college and the second at uni but over 20, Sept 24 - I would like to reduce further to £300 a month. (CSM CALCULATOR SAYS I SHOULD PAY £400)

Any help or advice is greatly appreciated.

 

 

Quote
Topic starter Posted : 18/04/2023 11:04 am
(@bill337)
Illustrious Member

hi,

as CMS are not involved, you could try reach a new agreement with ex to lower payments. calculator does not take into account additional expenses that you may be paying: https://support.dadsunltd.org.uk/portal/en-gb/kb/articles/child-maintenence-variation-expenses#Expenses_a_paying_parent_can_ask_to_be_considered

i recommend this group for paying parents. lot of experienced members: https://www.facebook.com/groups/239699060076601

ReplyQuote
Posted : 18/04/2023 10:42 pm
(@carlhansel)
Active Member Registered

Posted by: @stef

I never agreed to a CSA/CMS amount to pay for my children over the past 11 years.

I just paid what I thought was about right direct to my ex without CSA/CMS being involved.

I have recently looked at the CMS calculator and worked out I have overpaid by nearly £30k this does not include extra payments for trips and holidays abroad that I took them on.

I do not want to claim any of this back as the money was for my children to have a decent life.However I am now wanting to reduce my payments going forward as my new wife and I, who have been together for 10 yrs want to try and buy a property.

We are running out of time as we are both over 50yrs.

I have one daughter who is 21 and I a not paying my ex for - One daughter who is 18, turns 19 in August and going to Uni in Sept, One son who is 16, 17 in Oct and going to Part time college in Sept/working balance days and one daughter who is 13.

I feel I have paid for all of them for the last 11 yrs, to have the best life possible in a separated family.The only one really who will be affected by the reduction in payment would be my 13yr old, and even then my ex would still be getting £300 a month, which is over half of what I gave when paying for all four, so my ex should still be able to give her all she needs with the money I pay. I also try to make some extra money so I`m usually searching here for echeck casino services to spend my time in the evenings. It makes me feel better. My question is  - Can I reduce payments down in view of the overpayments? or because there was no CSA/CMS involvement is it taken that the money I paid was an agreed amount between me and my ex and so there can be no retrospective dispute?

I am not wanting to make a drastic reduction either - I currently pay £530 a month but want to reduce to £400 (CSM CALCULATOR SAYS I SHOULD PAY £540) and then once 2 of my children, one in part time college and the second at uni but over 20, Sept 24 - I would like to reduce further to £300 a month. (CSM CALCULATOR SAYS I SHOULD PAY £400)

Any help or advice is greatly appreciated.

 

Hi!

If there was no formal agreement through CMS in the past, it may be challenging to claim back overpayments retroactively.

However, you can contact the CMS and discuss your situation with them. They may consider your circumstances and potentially adjust future payments based on the current calculations and the number of qualifying children.

 

This post was modified 2 months ago by carlhansel
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Posted : 28/02/2024 10:50 pm
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