How can I prove I paid money to my ex?
November 7, 2012
I have just been informed by the CSA that I own child maintenance from 2007. I told them that I paid cash direct to my ex but they said they needed proof of this! How can I give proof when it was cash! I was paying maintenance regularly but did stop when I received a letter from my ex’s Solicitor informing me that I had no legal or other obligations towards my daughter as my name is not on the birth certificate. She stopped me from seeing my daughter just because I had a child with someone else.
I am now paying maintenance through the CSA after they got in touch with me a few months ago. They say that I owe approximatley £2000 from 2007 onwards, where do they get such a figure from and basically its their word against mine, how can I prove I paid her cash!!
Written by Simon Dolphin · Filed Under CSA Help
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when was your case with csa opened? the agency can only persue you for arrears if the case was open and the method of collection was set to agency collection – I have been slated big style in another thread on this site for advising NRPs not to pay direct to a pwc if the method of collection is not maintenance direct as if the pwc denies getting the cash or even confirms that they did but it was not for child maintenance then the agency will hold the nrp liable for any missed payments – unfortunately if you paid cash and did not get receipts signed by your ex clear stating it was for child maintenance and your ex is saying otherwise then you will be held liable for the arrears. Best you can hope for is that your ex confirms the payments you made.
Quote Alice on November 7th, 2012 6:23 pm; ‘I have been slated big style in another thread on this site for advising NRPs not to pay direct to a pwc if the method of collection is not maintenance direct..’
With all due respect, if your referring to https://www.csahell.com/can-my-ex-tell-the-csa-my-maintenance-payments-were-a-gift-9387.html You fail to mention anything regarding ‘if the method of collection is not maintenance direct..’ in the post where you advise ‘(as someone who works in the Debt Enforcement section of CSA) is to stop the SOs immediately and start making payments via the agency.’
chall
as chall has pointed out I failed in the other thread to state that this was ‘if the method of collection is not maintenance direct’
I also failed to put a full stop, comma or start a new paragraph after ‘ … for advising the NRPs not to pay direct to a PWC.
to clarify
@ Simon
I have been slated big style in another thread on this site for advising NRPs not to pay direct to a pwc.
If the method of collection is not maintenance direct and if the pwc denies getting the cash, or even confirms that they did but it was not for child maintenance, then the agency will hold the nrp liable for any missed payments.
Unfortunately if you paid cash and did not get receipts signed by your ex clear stating it was for child maintenance and your ex is saying otherwise then you will be held liable for the arrears. Best you can hope for is that your ex confirms the payments you made.
Sorry for any mis-understanding due to my lack of grammer.
To further clarify Alice,
Concerns raised have been regarding your advice to the OP, despite the lack of info, ‘to stop the SOs immediately and start making payments via the agency.’ and not ‘for advising NRPs not to pay direct to a pwc.’
_____________________________
Simon,
When did your case initially commence with the CSA?
chall
perhaps advising was rash of me
to fully clarify I will state the position without advising any party
If an NRP pays a PWC direct when the Method of Collection is not set to Maintenance Direct and the PWC then states to the agency that she did not receive the payment, or if she states she did receive the payment but it was not in lieu of Child Maintenance the CSA will then ask the NRP for proof of payment by way of a receipt signed by the PWC stating the date it was paid, the amount paid and that it was for Child Maintenance. If the NRP is unable to supply a receipt or receipts then the agency are unable to adjust the accounts. The NRP will be held liable for all payments set to be made through agency collection and if necessary the agency will take enforcement action to secure payment.
I fully appreciate that there are thousands of NRPs who will pay money direct to the PWC when asked to do so as they do not wish their child(ren) to go without, I would most likely do the same myself if it were me. However, if they do this and do not receive proof (and yes again I appreciate that asking for a receipt can be difficult) then they risk being held liable to pay the money again via the method set on the case.
How can I prove that someone paid maintenance in the 80s but says he didn’t and says he’s not my dad any advice welcome please