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Hello everyone please could someone give me some advice and guidance with my current situation .
I have been paying child maintenance to my ex partner for the last 3 years for my son who is now 18 years old via the CMS .
So it now has come to my knowledge that my ex partner has been claiming child benefit and child maintenance for 3 years fraudulently as my son is doing a apprenticeship which doesn’t qualify as a non advanced course.
Question is will I get the money back that I have been paying to my ex partner for 3 years?
Would appreciate any other advice and guidance
Many thanks
Hi,
I'm afraid that CMS are extremely unlikely to claim back your maintenance for you. Your only chance would be to take your ex to the small claims court, and you would need definitive proof that she has been claiming fraudulently to have a chance at winning there, and even then it would be at the court's discretion on how much to award you - the only positive is that the cost of going to court is quite low, so it isn't a great risk financially.
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