Child Maintenance Over Payment

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    greg.m
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    I have recently had a change in jobs and I will be earning less money than previous. I have also spent a number of months out of work due to losing my job through covid. I then had to do my due diligence on my finances of which the maintenance is one of them. I did my re-calculations with the online tool, got my calendar out and figured out all the days / nights I have had my two sons for. I calculated I have them for 117 nights this year and in 2020 it was about 140 nights, which places me in the 2-3 nights per week category. The previous calculations were done on a basis of 1-2 nights. The financial difference was significant.

    I went through the last 4 years and to my astonishment everything was wrong, I was over-paying in our financial agreement. I had been giving my ex-partner £850 per month and it should of been £700. The new calculation puts me at£525. My ex partner who is a greedy and selfish individual took a real dislike to this when I presented the facts. And is now ripping up the private agreement and wants to go through CMS.

    My maths get me to a total over payment to get £6,700 which is an enormous amount of money. For years I have watched my two kids turn up in scruffy joggers while she is dressed in high quality items such as Jack Wills and it has infuriated me. I contribute with clothing, activities and purchase bikes for them, they have a full wardrobe of clothes at my house too so they feel that they have a home every time they come.

    I am getting legal advice but wanted to know what is everyones experience of over paying and how they went about recovering the money? Is small claims court the route to take? Any advice / experience would be gratefully received.

    My relationship with my two sons is amazing, that is not at risk. The relationship with their mother is poor and there is little trust due to such factors as this.

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