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I am new to this group and have been paying maintenance for my son who is now almost 18. He allegedly is being home educated but this is a very grey area open to exploitation. My ex has already told me, I’ll be paying maintenance until he is 20! I stopped making payments in Sept 22. Never heard from the ex then I received a letter dated Feb 2023 from CMS stating I had to pay the maintenance or they would put me onto collect and pay. I queried this but had to pay. I paid the maintenance that would have been due over this period. I then received a letter from CMS late April telling me the child benefit had finished in Sept 22. This resulted in an overpayment. Child maintenance and CB was re-instated on 17th July 2023. I think she was being investigated by CB during Sept and April. During various conversations with CMS and my local MP they have stated that because I am direct pay they will not use the overpayment against my current case but when I read various articles online, it states that it can be put against a different case against the NRP. It’s a case of too bad- chase your ex in the small claims court. Has anyone had a similar situation? Any advice would be much appreciated.
Hi,
Would expect them to factor in overpayments. I recommend you join this support group for paying parents:
@bill337 yes thanks I have now joined this group. My problem is the CMS are saying because my case is direct pay then cannot factor in any overpayments. This is despite being the same child and receiving parent. I have raised this with my local MP and in the process of complaining to HMRC. As it stands my only current option is small claims court.
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