My ex refuses to pay even though he has money

November 13, 2009

My kids are no longer little yet I have been battling to get maintainence from my ex for ten years.

I became ill many years ago and had to go on income support. I was told that if I didn’t give the father’s name and address that the benefit office would deduct ten pounds from my money. As that would then make my income £60 a week I had no choice but to give his details. He was self employed and intially gave me £80 per week in cash but he was not happy with this and constantly grumbling about it. When the CSA became involved he gave his books in and they gave a judgement that he should pay £5 a week so for a while he was paying the £80 plus the £5 to the CSA.This was even acknowledged by his solicitor at the time. Despite appealing to the CSA about this it landed on deaf ears and his obligation to the children went from £5 to nothing and he stopped paying the £80 and disappeared from the face of the earth.

Every year they put traces out for him but he was not paying tax, insurance or claiming benefits. Now that my children are 21 and 19 he has made contact with them..He has never gave them a Christmas present or Birthday card for nearly eleven years and has kept himself well hidden.

He stated that he has just come back to the area but we have since found out that he has been around here for at least two years missing their 18th and 21st birthdays. He lives comfortably, has motorbikes and a good social life.

We have been made to struggle on for many years and it makes my blood boil that it could have been eased if only the CSA had listened a bit more carefully.

Comments

4 Responses to “My ex refuses to pay even though he has money”

  1. chall on November 13th, 2009 9:22 am

    Hi,

    The CSA/CMEC has a lot of failings…

    However, and depending on which CS system (CS1 or CS2) your case was on, would depend whether or not you would personally receive any of the money your ex was liable to pay, whilst you claimed Income support.

    As a benefit claimant, you should have been declaring the £80 pw you were receiving from your ex.

  2. D.Sinclair on November 13th, 2009 11:35 am

    This a response to chall on November 13th…

    I did declare the £80 and insisted that he was still paying this amount plus the £5 but the CSA did not listen to me.

  3. chall on November 16th, 2009 12:08 am

    Hi D.Sinclair,

    Did you declare the amounts you recived from your ex to the Benefits agency?
    I assume they would have decreased your benefit £ for £ after a certain amount…

    Prior to last year when the rules changed, a PWC in receipt of benefit was not in a position to accept a private payment agreement with their NRP.

  4. D.Sinclair on November 16th, 2009 10:03 am

    Hi,

    Yes I did declare the amounts and they did reduce the amount of income support that I was getting however I attemted to tell them on numerous occasions that he was paying cash to me but they took no notice.

    His solicitor even asked for an acknowledgement that I was getting the £80 but it seemed to be that once the decision had to be made by the CSA that was that.

    Clearly his accounts were not as accurate as they should have been and I was always told that I should take the matter to the tax man as it could have been fraud.

    I was never informed that I should not have taken payment from him…as far as I was aware if I did I had the obligation to inform the benefit office so they could adjust the payments accordingly..even then some of the people that I spoke to at the benefit agency couldn’t quite grasp the fact that he could still pay me that amount.

Got something to say?