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Good morning, this is my 1st post. Last August due to my ex (of 7 years) messing around with my holiday arrangements with my wife and other son, I decided to get a solicitor involved to get some arrangements in legal stone. As soon as I did this, my ex went to the CMS to get more money, despite us having a court order that I have always paid.
This is the issue, I paid the £450 agreed in the court order on the 1st September, but my case opened on the 6th. Pro rats this calculates as an over payment of £375. I’m happy to pay the increase CM payment, but as the payment on the 1st September was pre CMS, they say that they cannot take it into account, so I am out of pocket and paid twice for September 2017.
I challenged this with the CMS as this cannot be fair, especially as I have proof I paid and also the ex confirmed I had paid it as well. In January I asked the CMS if I could claim the money back and they said to speak to the ex.....hmmmm, isn’t that why I am where I am, we don’t speak and she tries to control me using the kids/money, but after numerous calls, the CMS said that I could take the money back as deductions to my monthly payments, which I did.....now, she has complained and the CMS are now trying to deny they would have said I could take the money back. I have asked for the transcripts of all my conversations as I have been very direct with my questions as I know this will be put out to tarnish my name in court in April.
Has anyone heard of a situation like this as I’m sure I’m not the first person for this to happen too?
Thanks
I don't think you're going to get anywhere with this, have they said they'll provide transcripts? I would be surprised if they do to be honest and if you can't prove the conversation occurred, they will probably stick to their guns on this.
Regardless of the situation with the child maintenance, this won't reflect on your case for contact, the two are completely different issues and one will have no bearing on the other, the family court will not be interested in what is happening with the financial side of things.
Best of luck
I agree with mojo - the CMS liability starts from when the case is opened and they contact you - anything that has been paid beforehand is irrelevant as far as they are concerned (be thankful you didn't pay a lump sump for child maintenance as part of a divorce - that is also disregarded after 12 months). I would suspect the only chance you have would be to try to claim it through the small claims court directly from her, but to be honest, I can't see even they would rule in your favour. I think it's one of those situations you are simply going to have to let go for the sake of your own sanity - believe me, I have been through the same. I paid my ex a month's maintenance payment 2 days before I ended up taking the kids away from her. My solicitortold me to let it go - in the overall picture, it wasn't worth worrying about.
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