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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have just worked out I have been paying too much child

Resolved Question:

I have just worked out I have been paying too much child maintenance, can I claim it back in any way? I pay in line with the CSA formula but circumstances changed over a year ago and I never adjusted what I pay.
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is ***** ***** I shall do my bets to help you

Do ou pay voluntarily or under a court order or a CMS assessment?

Customer: replied 10 months ago.
I paid voluntarily but details were put In a financial remedy order when our divorce was settled.
Customer: replied 10 months ago.
I lived in a shared house so was unable to have my son stay with me. For the last 2 years he has stayed with me at weekends and some of the school holidays so the CSA formula changes from 'no nights' to '52 to 104 nights'.
Expert:  Clare replied 10 months ago.

Do you mean they formed part of a financial order sealed by the court?

If so does that refer to a specific amount?

Customer: replied 10 months ago.
it was formalised by the court. There was never a specific amount but an agreement on the calculation of how much I pay. In short I have paid too much is I accept is my responsibility I just wonder if I can claim anything from her due to my over payment?
Expert:  Clare replied 10 months ago.

Sadly no you cannot reclaim any of the overpayment that you have made - but at least you do not have to apply to the court for the order to be varied - or to the CMS for an assessment.

The overpayment will simply be viewed as "voluntary"extra payment

Sorry not to be able to give you better news

Please ask if you need further details

Clare and other Family Law Specialists are ready to help you
Customer: replied 10 months ago.
Thanks very much Clare, i thought that would be the case but was worth asking.

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