Advance payments

CCo84

Hi just hoping for clarification on this...

I have paid approx £100k towards my 2 children by making payments to their mother (who I lived with for a period of time). These payments were a monthly amount of £1100 and started when our first child was born in 2010 and continued up until we separated in 2017.

Since the CMS became involved I then had to make monthly payments (based on an incorrect salary) of £580 a month up until I lost my job back in April. The CMS have contradicted themselves time and time again and sent differing calculation letters out on the same dates! All in all they have created a huge mess and im left out of pocket severely and mentally exhausted.

I am now being hounded by the CMS with a deduction of earnings for £1200 a month, which is unaffordable to me and I cant believe that they will not listen to anything I say!

As I can prove the payments were directly from my bank to my ex's and monthly amounts of £1100 then I fail to see how I can be in arrears or behind with any form of maintenance for our children (children that I haven't seen for 2 years!) As I have paid for their care and maintenance upfront when we had them I surely cannot be expected to be forced to pay double now.

As I can prove the payments I have made prior to CMS involvement then surely ive more than paid whats fair.

Please help... Thanks

Caz3121

CCo84 wrote: »

I have paid approx £100k towards my 2 children by making payments to their mother (who I lived with for a period of time). These payments were a monthly amount of £1100 and started when our first child was born in 2010 and continued up until we separated in 2017.

As I have paid for their care and maintenance upfront when we had them I surely cannot be expected to be forced to pay double now.

As I can prove the payments I have made prior to CMS involvement then surely ive more than paid whats fair.

payments you made while you were a couple before you separated would not be classed as advanced child maintenance payments/overpayments.
Your liability for CM started when you split up.

HoneyNutLoop

The only payments CMS will take into account are the ones you’ve paid after the case began. What you paid before is irrelevant - any arrears you owe will only go from when the case began.