Ex trying to take me to small claims court

[Spiderland]

Hi!
Around 8 years ago when my son was 1 I was unfortunately not able to fully support him financially for a period of approx 12 months. I have always been there for my son, and whilst I was able to take him out for the odd treat Im ashamed that for his first year of his life he received very little financially from me. Thankfully I found myself employment and have supported him financially for the last 7 years through Child Maintenance Services. CMS are aware of the missed payments and have added this debt on to what I owe in outstanding payments. I am obviously fine with this, they were missed, they're owed. No issue with that at all.


I pay through direct pay with CMS which means they do an annual review of my earnings, having access to my P60 each year and they calculate the amount that payments will be to my ex partner until my next annual review. I make them aware of bonuses etc and this is also factored in my payment. Included in this payment is an installment to paying off the outstanding child maintenance (~£1200). I have no input towards the figure that CMS provide to me. If my sallery goes up, so does my payment - absolutely fine.


My ex partner has now filed with a small claims court saying she wants the debt repaid in full. I would love nothing more than to pay her it in full, unfortunately I am not in the position to pay it in full. The instalments that the CMS have provided are accurate in reflecting what I can afford to pay each month in regards to paying back the debt.
We had the mediation call yesterday where I tried to explain this the best I could - obviously mediation was unsuccessful and now I'm told it will have to go before a judge. I am a bit perplexed as to how this can happen when I am paying back the outstanding monies at a rate that has been laid out by CMS through a service that I pay for to directly try and avoid things like this happening. Again - I have no problem with paying this money back, I am more than happy to pay it back but paying it back in a lump sum or in installments higher than what I currently pay will leave me in great financial difficulty.
I spoke with CMS about this and they agreed that they were also unsure as to how this could go before a judge. The agent stating 'anything we say trumps what she says' (unsure as to how true this is TBF). I suppose my question is, could it get dismissed by a judge? Could it be settled without us having to attend court?


I don't know if it's worth noting, but my ex partner tried something similar to this previously about 2 years ago. She claimed that I was paying the incorrect amount in child support in relation to my wage. Again I tried to explain that this payment is literally worked out for me, but it still ended up in front of a judge. In a hearing that she did not attend in person or bother to attend even by video link the judge very quickly ruled in my favour when I presented my evidence.


I've had to take unpaid leave from work yesterday for the mediation call and fear I will have to do the same again for who knows how many upcoming dates, as was the case the last time she did this. This ordeal, as with the last one is leaving me losing money and really taking it's toll on my mental health. If there is any advice anybody could offer me I would be extremely grateful.
I am in North Wales, she is in England.


Thanks for your time

[Celestine]

Good morning.
How unfortunate that your ex feels the MCOL court system is appropriate when CMS have jurisdiction in this matter.
I've dealt with an identical case recently and the Judge adjourned to seek clarity from CMS as to whether this can even be enforced in the civil courts given that CMS can deal with under/over payments via deductions/additions.

This is not proportional, a means assessment (after any judgment) would only make you pay the amount at a small amount monthly so she will not get her wish.

Have you defended? What did that defence say?

[Spiderland]

Hi Celestine!

Thanks so much for your reply, I really appreciate it and it's help out my mind at rest a little.
It is ashame that my ex has decided to take this route, yes. I have tried to explain the situation to her but she can be very vindictive and stubborn. Her last words to me before blocking me were 'pay me my money or we'll go to court'.

Would you mind sharing what was the outcome (if it has been decided yet) in the identical case you mentioned?

Yes, I did defend the claim when it was first presented I was given the opportunity to defend it. My statement was as follows:



2.1. Whilst I do not dispute the monies owed to EX for my son SONS NAME,
I reject this claim on the basis that this claim already exists and is managed by
the Child Maintenance Services.
2.2. EX seems to be under the impression that, in her words I have
'negotiated' a payment plan with the CMS. What EX seems to fail to
recognise is that with my type of account, a collect and pay account (of which I
pay a fee to use) the CMS instruct me on what my payments are. My last
annual review of my account was completed just yesterday and I was sent a
letter helpfully titled 'We've worked out your payments until your next annual
review'. The letter goes on to state that I am to pay the amount of £295.65 per
month from the period starting 15/06/24, finishing 15/04/25 (an increase of £1.07 a month). I would like to reiterate - I had no involvement when this
figure was calculated. The CMS will have looked at my P60 that was issued by
my place of work in April, they will have looked at my income and expenditure
and have instructed me on a fair payment to what I am to pay to EX
each month. I can also confirm that the payment that I make each month is an
accurate representation of what I can afford at the current time. To pay more
would result in financial difficulty.
2.3. I think it is relevant to state that this is not the first time that EX
has taken me to court over a dispute that she has had with my CMS
payments. In 2022 EX made the accusation that I was not paying
enough maintenance and that it was not correctly in line with my earnings at
the time (despite me explaining the above to her). In a hearing that EX did not bother to attend in person or even by video link the presiding
judge accepted that I was paying the correct amount and ruled in my favour.
2.4. I would like this debt cleared as much as EX and am working
towards paying it off as best as my financial situation allows me to (as
reflected by CMS' payment instruction(s)). Should my income increase at any
time CMS will be notified of this change and my payments to EX will
reflect this change.
2.5. Both a copy of my most recent annual income review supplied by the CMS
(dated 21/05/24) and documentation relating to my prior relevant court case
with EX can be provided to the court.

[Celestine]

Ok thanks for that, not a bad defence overall. The outcome of the other case is not concluded so I will have to come back to you when I know more.

The bottom line is CMS has jurisdiction in this matter. They have specialist access to your tax details and make decisions on those numbers to avoid causing hardship to parents. They can address underpayments historically by adding a small amount to your monthly payment. This civil claim can only cause an unfair burden and is an inappropriate use of the heavily subsidised court system. Your ex can utilise the CMS appeal process to challenge any decisions.

[Spiderland]

Thanks Celestine. This has kept me awake the last couple of nights and really weighed on my mind so your replies are honestly so appreciated. I guess it's just a matter of waiting now then until it's reviewed.