Good evening,
I have been in a private arrangement regarding child maintenance payments with my ex partner. She has now decided that she wishes to go through CMS as there is a change of overnight stays and doesn't feel what I was offering to be enough, she did not tell me she was going through them, I just received the letter through the door.
The problem comes here, I didn't receive the letter from CMS until 03/05/24, it was dated 26/04/24, in this letter it stated that payments would be calculated from 01/05/24 and the first payment would be due on 01/06/24. After speaking to CMS on the phone, I was told that the payment that was being made on 1st June is arrears for May, but I had already paid the private arrangement on the 1st May, so in my eyes she has been paid twice for May.
Have not approached this topic directly with my ex partner as not really on speaking terms, have sent screenshots into CMS of me sending the money across thinking this would be deducted off my payments but after speaking to them yesterday, I was told that my ex partner was told that nothing will be done as it will bring the payments into minus figures and she would owe me money.
What options do I have? All i can think to do is ask my ex partner for the private arrangement money back and if not, then go through the small claims court to try and reclaim it.
Any advice would be great, thanks
Hi,
You could go the small claims route, but you have to decide if it will be worth the hassle, and this will likely cause conflict with your ex, and possible that you may not get amount back. Heres what the application fees cost for small claim:
Amount Claimed Small Claims Court Fee
up to £300 £35
Up to £500 £50
Up to £1,000 £80
Up to £5,000 £120