Child Maintenance Service - Paying too much


I wonder if anyone has had any issues with the CMS when paying too much and if there has been any success in reviewing the amount they have had to pay and what they have had to do?

I have just received my annual review letter, which has seen a significant increase in what I am supposed to pay each month, so I checked their figures to see why this was. What I learnt is that since their involvement 3 years ago I have paid too much every year.

The first two years I didnt actually notice, because when my ex decided to involve them it actually reduced the figure we had agreed between ourselves, so I was paying less than I previously had done. The 2nd year saw an increase in the amount I pay, but I had been promoted, so expected the rigure to rise, but this year there has been no changes with regards to my income, yet my rate has gone up significantly.

On looking into it the issue has been with the HMRC reporting some overtime earnings from the previous year, for a service that my company no longer provides, so I can no longer earn this additional money. I called the CMS and they said that I needed to provide 2 payslips to prove that my basic rate of pay was less than the HMRC reported, which I did. I also realised that my pension contributions had never been taken into account when calculating my basic pay, so I highlighted this also.

I was told that no action can be taken for previous years mistakes, but worse than that, unless their calculations were wrong by 25%, they are unlikely to review the amount that I am required to pay. I received a 2nd letter stating that the payments set out in my initial letter are going to be in effect for the next year, which seems to be because they have only miscalcuated by 14%.

How can this be right? I could understand if I had pointed this out after the payments had started, but even though I have highlighted this before this new payment is due to commence they refuse to take any action. They know I have overpaid the past 2 years, they know I am overpaying an even higher amount this year, but because they havent made a big enough mistake with their calculations there is nothing I can do? Has anyone got any advice with regards to this, because this cannot be right? And seemingly there is nothing to stop them being wrong next year and every year until my child is no longer eligible.

Any advice would be welcome, and thanks in advance


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