Hello, I am looking for some advice please.I have shared care with my ex. I claimed CMS after he refused to continue paying spousal maintenance which he refuted, even though our incomes differ greatly (he earns 4x what I do). To cut the story short, I have subsequently lost child benefit for one daughter to him, and the CMS went to tribunal, which was also found void. He now wants the payments refunded, which I can say with all honesty I used for the children. Do I have to pay it back? Our situation has not altered so don’t feel that I should. Please can someone give me some advice about what to do. Thank you.
CMS are meant to perform an annual review to check if paying parents circumstances have changed sufficiently to change the amount payable. However, paying parents income has to change by 25% up or down before changes will be made. If amount paid in past was too high then future payments would be reduced until over payment had been recovered. That may result in amount received being very small or maybe even zero. However, I have not heard of receiving parents being told to refund money. If already spent how could they refund?