Been paying privately, but CSA still want money

May 30, 2010

My daughters partner has 2 children who his ex wont let him see. He used to pay csa but 3 years ago, they had an amicable agreement that the csa would stop and that he would pay her in cash every month and that is what he has done ever since.

The past year she has met someone and has got engaged, so my partner feels it would be better to go back to making payments through csa for everyones benefit. He contacted the csa to make the arrangements, his ex was not very happy about this but he went a head with it. The csa have contacted him today saying he has to pay 350 pound a mounth in back pay, as she has said he has not payed anything for the past 3 years.

He is so hurt by this, as he has always payed her on the day he gets payed, even though she wont let him see the children, as he payed her in cash because this was what she wanted. He has no proof that he has been paying her for the past 3 years, and just dont know what to do, as the csa just say he has to pay it regardless.

He has text messages from her regarding the maintenance issue, so could he go to a solicitors with this and ask them to act on his behalf?

Comments

  • brokenfather says:

    Was the previous case formally closed? If so does he have proof of that?

    If so, then they have no right to claim CM from him for the period between the closure of one case and his opening of another.

    If not, then why did they not make any attempts to claim CM from him during those 3 years?

  • chall says:

    Hi,

    I echo the post above.
    If the agency have been involved and the case closed, then he should have received a closure letter (was his ex on benefits during this time?)

    Also, can you confirm if initial arrangements through the agency were pay direct to the child’s mother OR if collections via the agency?

    Click on my user name and join us in the forum at afairercsaforall

  • Frankie Shanley says:

    I was paying my ex in cash every week and posted the money through her front door, or gave it to her next door neighbour to give her as we didn’t talk. My ex was spending the money in the pub 4 nights a week so I stopped paying her and gave the money to my kids instead. Subsequently ex was unhappy and phoned the csa telling them I did pay her atall, so I got a £25000 bill which I was paying back directly from my wages. anyway my case has just closed although still apparently owe £9000… Does anyone know how much they can take from me each month from a direct deduction order? Can I got to court as deduction order still in place and they want me to pay at same rate? Please advise?

  • Carrie says:

    Frankie,its not good news, they can take up to 40% of your wages from a DEO.
    Our pwc case was apparently open ( she said she had closed it !)and we never heard anything in 8 years so if a case is never closed it can be back dated at any time! They are ignoring our private arrangement ,despite every bank statement available for them to see-they’re not interested .We have to pay everything again.
    Hope you manage to sort things out.If she will admit she had the money you may get some off the arrears but if they’ve told her how much she stands to get she’s hardly going to be on your side.Its totally unfair!

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