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I have finally received my payment scheduled for child maintenance that I need to pay and although I provided my actual income for 5 April 18 they said they based the calculation on estimated information and have come up with a random figure that I earn weekly between 200-800 so my payments are 320 a month for 2 children, to include any months missed whilst they figured the amount out and is based on me not having the kids overnight, when I'm fighting to have access since she is refusing!
My question is, i will be requesting them to review the calculations as I do not earn what they have based it on! but I have now noticed random PayPal payments from my bank and contacted PayPal who confirmed what I thought and they are purchases that my ex wife has made, this was done so out of my bank via PayPal without my consent! I want this amount a total of 85 pounds to be deducted from any arrears I will have with cms since she made the application. is this possible? How do I request this, do I make note of this in the letter to request they recalculate it. Is it accepted for them to use this against any monies I owe. I have my bank statements, and transaction id from PayPal as proof along with the description.
Shall I contact the police to report fraud? What implications might this cause in the court process
She has thrown everything at me this entire court process she’s made my life [censored]!!!
I need to write to cms tonight ready to send it to them tomorrow, really appreciate all your advice so far!!!!!
I would strongly advise not deduct the paypal payments from the CM. Change your email account and paypal passwords.
I would go to the police and report the theft/fraud. Not sure if it is best raised in court, but is a very good thing to have in your back pocket if you need to raise anything about her character.
CMS - unfortunately you cannot claim back any overpayment you make (but they can claw back any underpayment - not the fairest system sometimes).
Use the CMS online calculator to work out what you should be paying (again, if there are no overnights you can't add anticipated overnights to your calculation, it will need to be revised once contact is re-established) and give this to the CMS, asking them to revise their calculations - you may need to go to your MP to resolve if they prove to be difficult.
HI
Thanks for getting back me so quickly, so even though these payments I am being asked to pay backdate to May 2018, and on my bank statements withdrawals have been made by her backdate to May 2018 and I have the bank statements you’re saying thie money she has taken out will not be used as part payment towards any maintenance due for that period, could this seriously get any more unfair than it already current is?
I am thinking of offering to pay for school uniform but in this case I won’t get It taken off my arrears so won’t bother.
Also in your opinion, and experience why would you feel to not report it to the police?
Hi There,
As said CMS wouldn't get involved in the amount she has taken via paypal, If you haven't already then change passwords ect and report the fraud to Paypal so that there is a record, if you want to report to the police then do it, If it were me I would report it and I would ask that it was followed up.
You may not get the money back, but what she has done is fraud and theft.
GTTS
How did she get your password to paypal? If you've given it to her in the past, then I don't think there is anything you can do, and I don't think either paypal or the police would take it any further. If she has obtained your paypal password dishonestly, then by all means report it..
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