Court action for overpayment of Child Support

Debbo1 · 8 February 2018 at 2:09PM

Hi, My ex is threatening to take me to small claims court to recoup overpayment of Child Maintenance. Situation is that my child left college course to complete next level of course on apprenticeship. I assumed this came under continued education and therefore didn't tel ex of the move. He continued to pay as I thought he would wish to. He's discovered he didn't need to pay now my son is on apprenticeship and wants almost £2k back or he'll go to the police saying I've obtained money by deception and then he will get the money off me via small claims court. We had a private arrangement in place following the CMS move to charge for administration of transactions. I don't have this kind of money and I genuinely didn't know the apprenticeship wasn't education. What are the legalities on this.

Sambella · 8 February 2018 at 2:30PM

The police are very unlikely to get involved as they will deem it a civil matter and his only redress would be the small claims court if he has indeed overpaid. Alternatively you could reach agreement with him to pay over a reasonable period of time.

Apprentenships cause quite a bit of confusion but it seems that if they are of the unpaid type (foundation apprentenships) then child maintennace can continue.

https://www.gov.uk/child-benefit-16-19

CurlySue2017 · 8 February 2018 at 4:18PM

You should pay him back IF he has overpaid, simple as that.

If he had underpaid, would you just let it go? Or would you want what you should have received?

If you can't afford it then make a repayment plan to pay it off over a period of time.....just like he would have to do if the roles were reversed.

Court action for overpayment of Child Support

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