I’ve overpaid for nearly a year and nothing has been done about it!

August 7, 2018

I was happily paying my child maintenance for my son for years. I was told he had left school and working. I contacted the CMS (i paid direct to HER through them) they investigated and said my case should have closed in Aug 2017. Apparently they dont do checks they rely on honesty of the receiving parent. They wrote to her and called her. She made no contact back.

So in essence ive overpaid for 10 months to a total of approx £3200. They say they will write to her and say she has to pay it back but if she doesnt reply/refuses they dont do anything its down to me to take her to court. I had no issue paying for my son even though i knew full well he would see none of it it would go on her ‘habits’ Where do i stand. I have struggled for years financially so all my bills are paid, to find out i could have been better off the last year almost. Are CMS liable? as far as im concerned if they did their checks they would have known. Considering they tell me every year how much i earn it should be down to them to check HER too.

Comments

2 Responses to “I’ve overpaid for nearly a year and nothing has been done about it!”

  1. David Joseph on August 10th, 2018 1:02 pm

    Hi Jason

    The CSA/CMS should be fully aware when your child becomes of age and therefore when child maintenance should cease. They have access to Child Benefit details and should have been alerted when CB has ended. Further, the child’s mother has a legal duty to notify the CSA/CMS when CB or circumstances have changed.

    If you need help fighting in order get the overpayment back, please let me know at [email protected]

  2. Malcolm on September 6th, 2018 7:16 pm

    If you’re paying directly, it’s your responsibility to check what is owed.

    No one else’s fault if you can’t be bothered to read your letters and have a bit of common sense.

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