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Hi, wonder if you can help. I am about to attend a Child Maintenance tribunal, ex taking CMS to tribunal as she states they failed to amend case to reflect an alleged change to the the number of overnight stays child has with me (paying parent). I am taking CMS to court on basis that I had an 'agreed' share care court order confirming equal care. My case is that I should not have been paying maintenance in the first place as rules states actual shared care means that neither parent should pay.
My question is this, if the Tribunal finds in favour of either myself or my ex, who would pay the compensation, for example if the tribunal agree that I should not have been paying anything would they approach my ex and seek a full refund of all the payments or would the CMS be expected to pay the compensation?
Hope you can help
hi,
as far as I know, the tribunals make the rulings and decisions, then it gets referred back to CMS. CMS are responsible for dealing with over-payments and refunds. usually a drawn out process, but I have come across cases where they contact a paying parent to arrange refunds.
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