OVERPAID Child Support

DUTR

Goldie-K15 wrote: »

For all those who are obviously unable to read the first post. I was unaware of my actual income (that which is subject to child maintenance) until over a year has passed!

The downturn in the property market meant that I had a £50k loss to offset against other earnings - hence my overpayment!

As for the 'it will average itself out' one, well no it will not! I NOW have to pay based on my monthly income (month by month - not based on previous years whatsoever!) Therefore how on earth will it ever take into account the previous years overpayment??

O well solicitor it is then.

We are all able to read, you say you have lost £50k (nice headline figure) now you are going to pay a solicitor to obtain some overpayment (which is not gauranteed to be succesful) .
Good luck with your quest Sir, me I would call it throwing good money after bad

alwayspuzzled

Goldie-K15 wrote: »

For all those who are obviously unable to read the first post. I was unaware of my actual income (that which is subject to child maintenance) until over a year has passed!

The downturn in the property market meant that I had a £50k loss to offset against other earnings - hence my overpayment!

As for the 'it will average itself out' one, well no it will not! I NOW have to pay based on my monthly income (month by month - not based on previous years whatsoever!) Therefore how on earth will it ever take into account the previous years overpayment??

O well solicitor it is then.

Your SA tax return must be different to mine - my property losses may not be written off against income from self employment or employment they can only be carried forward to future yrs to put against future property profits.

dane-katie

Its money for your child at the end of the day, stop moaning, if you dont like it get the CSA involved and then see where you end up.

Mumstheword

Hi Goldie,

I would say not to let the actual figures you'd be legally bound to pay obscure the facts. If you are contributing based on what the CSA would insist you pay, then its highly unlikely that you've been covering half of the costs involved with bringing up a child. I know that the CSA calculated contribution towards bringing up my children, and running a household of an appropriate size to house them, doesnt cover half the costs of that. Also take into account how much time you have spent on childcare? In my case, I provide the vast majority of that too.

I know my ex just sees the amount going out of his bank each month and thinks he has 'paid' me to look after our kids, but in fact I pay more and provide more time too.

Dont take this as a 'dig' at all, just a friendly push to look at the whole picture. If you pursue the solicitor route, you'll both end up worse off, and you'll cause a lot of animosity.

Diamond78

Why would you want money back that went towards your children? You should be proud of yourself that you have provided for them. Some children get nothing. If you stop paying because you say you have overpaid, then you are being a little spiteful in my opinion, sorry.

Fed-Up_5

duchy wrote: »

You might want to consider what impact messing with the payments will have on any relationship you have with your wife too. She's the parent with care and if things generally run smoothly it makes access easy and non confrontational. Some things are worth more than money-especially when it involves our kids.

Honestly you are sounding a bit petty-if you had concerns you should have brought them up with your wife when your work changed not further down the road. It's a bit late now.

Yeah thats sounds about right, If you try to sort anything Money wise in your favor, the whole world will look down on you and sure as egg is eggs the first attack ou receive will be the loss of access to your children, WHY O WHY DO PEOPLE USE THE KIDS AS A WEAPON!

jennihen

Remove your ex-wife from the equation . . .

The money went to your children, it was a good year, and in the same way as if you'd still been together, the children benefitted. You can't deny them stuff this year because they had extra a few years back!!

ohdamnit

Mumstheword wrote: »

Hi Goldie,

I would say not to let the actual figures you'd be legally bound to pay obscure the facts. If you are contributing based on what the CSA would insist you pay, then its highly unlikely that you've been covering half of the costs involved with bringing up a child. I know that the CSA calculated contribution towards bringing up my children, and running a household of an appropriate size to house them, doesnt cover half the costs of that. Also take into account how much time you have spent on childcare? In my case, I provide the vast majority of that too.

I know my ex just sees the amount going out of his bank each month and thinks he has 'paid' me to look after our kids, but in fact I pay more and provide more time too.

Dont take this as a 'dig' at all, just a friendly push to look at the whole picture. If you pursue the solicitor route, you'll both end up worse off, and you'll cause a lot of animosity.

To be honest I am tired of seeing this argument, the maintenance amount is not meant to cover your household costs, it is meant to cover the difference between your living expenses and those associated with having children.

Of course maintenance of even £500/month wont cover your household bills.

Also remember the amount paid out is supposed to end up proportional for each parent (to their income), of course it cannot as total incomes are not used for complexity reasons.


Now onto OPs point, the answer really is tough luck, you paid the money out under a private agreement, unless your agreement is in someway legally binding, then you can forget pursuing it. I assume your ex hasnt got a big stash of savings from this overpayment?

If not then you need to pay the CSA amount now as your children need something to live on this year...

Donedoingdebt

Goldie-K15 wrote: »

For all those who are obviously unable to read the first post. I was unaware of my actual income (that which is subject to child maintenance) until over a year has passed!

The downturn in the property market meant that I had a £50k loss to offset against other earnings - hence my overpayment!

As for the 'it will average itself out' one, well no it will not! I NOW have to pay based on my monthly income (month by month - not based on previous years whatsoever!) Therefore how on earth will it ever take into account the previous years overpayment??

O well solicitor it is then.

It doesn't really matter what your income was for this period. A private arrangement is just that; a private arrangement.

You effectively volunteered to pay this agreed amount even though it was based on CSA guidlines for a higher income.

Unless it was a direct payment to the PWC via a CSA assessment, or a legally binding payment order based upon a certain amount of income supplied, I don't see you have a leg to stand on to reclaim this amount.

Even if it was the above, the amount would only change from the date you supplied the CSA/Court with new relevant information.

As you are now employed, you will find it near impossible to avoid payment via the CSA as they have the ultimate weapon of their fabled DEO to slap on you & usually, they're not slow to use this option if you become non-compliant.

Goldie-K15

Just to confirm - myself and ex are not fighting it out on these boards. I came on here for advice and have never not paid.

Although changes next year anyway with my income set up - last laugh - i think so!!!

And as for you naive people - do you really believe that all the money went to my child, if it did i would have no problem, it does not hence why i have to fork out more on her so that she feels 'human', i have nothing against this as i would happily spend all my money on my daughter - but not the ex and her fags! The system is flawed, always has been always will be, perhaps they just ought to have a set figure. Why a percentage, i do not pay a percentage amount for food and fuel based on my earnings, we all pay the same! Surely this is no different?!

I am obviously reasonable as i have already informed her that she will be entitled to get £13 per week from january 2012 (based on my revised earnings and the csa percentage), but have offered her substantially more, based on an inflationary increase each year on what i pay now.