Can my husband claim back historical CSA payments back due to age?

March 6, 2018

My husband was 15 when he fathered a child with a 21yr old woman. My husband was hounded by the CSA to pay for this child. Surely upon reading prehistoric cases, this woman groomed and had sex with a minor? There have been statements written and proof that she started having sex with a 14 year old boy! We are thinking about seeking legal advice, could we get our money back which we paid, my husband is 51 now and the child is in his 30’s. No contact has been made.

Comments

  • David Joseph says:

    Hi Tracey

    This is rather a sensitive matter but it all depends when the application for child support was first made. If he was 15 when the child was born, take would make the year 1981. Child support could not be claimed until 1993/4 making your husband aged 27 years. This is perfectly legitimate and the CSA will not care that he was under aged when his child was born. There is nothing within CSA legislation to cater for this.

    If the mother had under age sex with him he would need to seek redress in the Criminal courts and may well consider a private prosecution as well in order to get compensation.

    If you want to discuss this further, you can contact me at [email protected]

    Regards
    David

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