CMS help

Lady_S

My partner currently pays for his two children via the CMS.

However, we have now become aware that his one child has left school and is at university. As far as we are aware he should no longer be paying CMS for her.

But, and its a big but. He doesn't want to rock the boat with contact with his children, and is considering waiting until the next review to get this sorted out.

Question is, will he be returned any money he has overpayed?

newbutold

Lady_S wrote: »

My partner currently pays for his two children via the CMS.

However, we have now become aware that his one child has left school and is at university. As far as we are aware he should no longer be paying CMS for her.

But, and its a big but. He doesn't want to rock the boat with contact with his children, and is considering waiting until the next review to get this sorted out.

Question is, will he be returned any money he has overpayed?

No, they'll only recalculate from the point they were notified of the change of circumstances. They won't back date it.

Lady_S

Seems a shame when the PWC should have advised them, but hasn't.

newbutold

Lady_S wrote: »

Seems a shame when the PWC should have advised them, but hasn't.

Personally I would advise them, they won't just take your word for it anyway. They'll check to see if she is still in receipt of child benefit.

Lady_S

I would agree. However, my husband is really against it.

He is concerned that it will make the delicate relationship he has with his kids deteriorate.

DUTR

Lady_S wrote: »

I would agree. However, my husband is really against it.

He is concerned that it will make the delicate relationship he has with his kids deteriorate.

You've asked a question and then seeing all the negative with the correct replies, look at it another way, at some point the contribution will no longer be due, so what then?
As pointed out, if no CB is valid then neither is CMS contribution, he doesn't have to feel guilty about it, and he certainly shouldn't have to be treading on eggshells regarding access and contact. (like it or not is controlling and bullying (nasty work)).

NotSuchASmugMarriedNow

Lady_S wrote: »

Seems a shame when the PWC should have advised them, but hasn't.

The "child" is now an adult. There is no "parent with care"


Doesn't your husband see or communicate with his adult child?

Sambella

The child should be old enough to make their own decisions as to whether they see their father or not.

As for the £. He could simply (if he wishes to) give his child some money directly to support them while at Uni rather than giving it to the mother. Can be any amount he wishes, doesn’t have to match the CMS amount.

Lady_S

NotSuchASmugMarriedNow wrote: »

The "child" is now an adult. There is no "parent with care"


Doesn't your husband see or communicate with his adult child?

Yes, he does. But it has been a very fractured relationship over many years.and at the moment it appears to be improving.

As previous trouble has been about maintenance and how much was being paid/not being paid etc I can understand him not wanting to rock the boat. Regardless of what the law says.

WYSPECIAL

newbutold wrote: »

No, they'll only recalculate from the point they were notified of the change of circumstances. They won't back date it.

Yes they will back date and repay it as this is one of the circumstances where the PWC is legally obliged to inform them of the change in circumstances.

They also have the option of taking action against the PWC for "forgetting" their obligation to inform them but I have never known them to take any action.

If it is the last child though and no further payments are due then you will have to request the repayment.

I assume the "child" in question is now 18 so it wouldn't be unreasonable to expect that payments would end anyway. Write and ask for a review of circumstances.