I won my First Tier Tribunal – can I claim the wrongful payments back???

Home Online forum Gingerbread Forum I won my First Tier Tribunal – can I claim the wrongful payments back???

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  • #52656 Report

    Haguilera
    Participant

    Hi guys, I hope you are all safe and well!!

    Firstly, if anyone has any questions about the process or would like any advice, please ask and I will be happy to help. ☺️

    Anyway, a few weeks ago, I proved, in court, that I was looking after my son 50/50 and the decision went in my favour 🕺🏽

    Unfortunately, due to COVID it took almost 2yrs and around £6000 of wrongful payments, to get far!!

    What I want to know now (can’t find anything online) is how can I claim that money back from my greedy, lying, conniving ex????

    Another thing I would like to discuss, is that since she lost in court, my ex has stopped my son seeing me and put in a new claim with the CMS.

    I received a lovely letter from them this morning for £500 a month, unless I can prove otherwise! Why should I have to prove anything, when I have already proved that she lied the first time?! 😡

    As it stands, I realise that I am liable for that amount because she is not allowing him to stay here, against both our wishes! He is 14 and petrified of her!!

    Thanks in advance.

    Matthew

    #52662 Report

    sp.harrison
    Participant

    Wow I feel tour frustration and anger. You should have received written notification from the Tribunal Judge of their decision . This should also have been sent to the CMS. They (the CMS ) should I’m my opinion take note of this and then reduce the amount you pay accordingly. Or the other parties pays you £6000 in full! I had this when my daughter was younger. My ex refused to allow her to stay more than 2 nights despite the court as she had meticulously calculated how much CMS she would receive.
    my daughter is now nearly 13. She know or tells me it all her mum to blame but is scarred also. It’s very sad as your case sounds very typical of the child being used as the money machine whilst the mother chooses to do as she pleases.
    As you will know access issues are separate matters and it’s hard for a court to interview now the child is 14. That said it will listen to a 14 year olds view if they are able to express it honestly without the other parents interfering as happened in my case.
    Time will sort this out and my suggestion , apart from resolving the mo et issue with the CMS is try and rise above it. Continue to show tour child just how much you love them and that you will always be their father. That’s what’s priceless and something a court or your ex can ever compete with. Love always wins, always.

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