Paying back father who made fraudulent claims

poppy12345

You weren't entitled to any further payments once your daughter left education, which is what we're trying to say.

Spendless

You need to separate the issues. You have been overpaid for the year that your daughter was under 18 and NEET (not in education or training) as you weren't eligible for CM then for her. It makes no difference that you were told (by whom?) that it was too late to apply to college or that the job fell through because of covid. 

The claim that he has had children overnight for youngest one and eldest one, when eligible needs disputing. If you've been told he's made this claim that has been believed, you need to ask what the complaints procedure is to dispute this 

TBagpuss

If you are not getting a response from CMS when you phone, I would suggest that you write to them.

Make clear that you have not received a explanation of how the figure has been calculated, how much they are asserting falls to be repaid or when the repayments will end, and ask them to provide a breakdown.

However, while I understand that it's very difficult for you and that it s frustrating particularly in the context of his previous behavior, they are separate issues.

If he is currently lying about how much time the younger one(s) spend with him, that's relevant and is reason to clarify how they are working out the current numbers.
However, the fact that he has lied in the past doesn't change his current liability, or the situation when your daughter finished school.

Ideally you would have informed the CMS yourself that she was no longer in full time education, and then they would have been able to calculate the correct level of maintenance then. While it is not either your, or her , fault that she wasn't able to work or return to education, the fact remains that because she wasn't in education, her father was no liable to may maintenance for her, and you have therefore been overpaid and the overpayment need to be repaid

tightauldgit

fedupmumandkids said:

The fraudulent part i am referring to is the fact that twice he has tried to reduce the payments by reporting to the CMS that the kids stay with him part of the week every single week. This has never happened throughout their whole life, he only chooses to see them for a few hours at a time a few times a year.
If I made a fraudulent claim I'd probably be taken to court but nothing has happened despite me raising it as a fraudulent claim.

Also she couldn't go back to education, it was too late to apply we were told. I have contacted the CMS several times for an explanation or payment plan but get no response, just told to check my account which has no details. Phone line staff also say they can't help.

It doesn't sound that these 'fraudulent claims' have had any impact on what you have received though. If they have then you should challenge them by appealing the decision. When I asked about this the CMS phoneline told me that if there is a court order they assume that care is as per the court order, if there isn't then they will take the word of the parent with care and its up to the other parent to then prove otherwise. 

tightauldgit

fedupmumandkids said:

MalMonroe said:

You need to contact CMS and ask questions to find out exactly what has been going on - get all the facts before you start making accusations (i.e. "It's controlling and a form of financial abuse that so many excuse, including the CMS".) But maintenance payments should stop when a child is 16 anyway, unless they are still in full time education.

You said, "No explanation from the CMS service or as to when the payment will go back up." - if they haven't explained anything then you need to take matters into your own hands - contact them to ask for an explanation (details in the links above).  

Who has told you that you have to make repayments? Was it an official notification? Are proper financial records being kept? Or was it just the one text message - and if so how do you know it was official?

The fact that any parent 'falls out with' their own children is really quite abhorrent to me.  And whether or not your ex has indeed been childish enough to fall out with any of his children has nothing whatsoever to do with his responsibilities to them. 

He financially abused us for years so this isn't an accusation its a fact, he tries to reduce the payments regularly via threats or fraud, claiming they live with him when they never have etc or threatening me to "drop" the CSA money or he will never see the kids again or he will make my life difficult. Not that he sees them much anyway. Have also had the opposite, begging me to "drop" the CSA payments and in return he promises to see the kids more than a few times a year...but only if I drop the csa case first.
Go figure!

Making threats of non-payment is horrible behaviour and he doesn't sound like a very nice chap , but on the other hand what you are explaining in the OP is not IMO financial abuse - it's him only paying what he is legally required to pay. 

JJWSJS8700

Spendless said:

What is child that left school in 2020 doing now? CM would only be payable whilst they are at sixth form/college. If they'd been able to start a job in 2020 instead of going into further education then  payments would have ceased then. I don't know what arrangements were made for those that couldn't start work due to covid, but I'm guessing unless they were enrolled in some course from September 2020 then the payments would reduce to just being for 1 child. 

Make an official complaint in writing.  They are dreadful to come tact as you know advising to go on that website and there’s no messages showing.


Explain to them how the assessment was worked out. Explain that he never has his children overnight, that you want a reassessment carried out and then when they correct it that will be deducted from what you owe the rubbish father, who didn’t want to help feed his own child.

When did child benefit stop for your daughter?

sheramber

You say he tried to claim they stayed with him. Does that mean the claim was not successful?

Did you dispute these claims?