Son now lives with ex so can she claim CSA against me?

October 2, 2012

This is a worry at the moment but could develop into me being unable to afford to live. My son who as recently turned 18 and has lived with me since he was nine months old has just dropped a bombshell after spending some time at his mum’s that he is moving out, this was out of the blue and in some way’s sounds like is mother talking/influencing a process which has resulted in this decision.

I receive Child benefit weekly and a small amount of tax credits each month as he is in fulltime non advanced education which is due to end in June 2013, over the years I have never received ANY maintenance from her (I choose not to request any money from her)even though the case is still open should I have chosen to make a claim , to the contrary for a number of years event though he lived with me I paid her around £10.00 per week to help feed him when he went to stay with her, in fact she demanded it, I know this was not declared by her to the Income support agency as she was in receipt of state benefit and did not go to work. I can prove the payments via bank statements if I had to.

Even when she started work I still made no claim. The problem now will be she will make a claim against me to the CSA because my son has decided to live with her and will continue in non-advanced education till June 2013.

Child benefit is still in my name and still paid into my bank account owing to this move occurring over the weekend, I understand I have to relinquish the CB before she can make a claim in her own name?

If she makes a new claim for CSA payments would I have to pay, his 19th birthday is 20th Aug 2013 bearing in mind the information I have given above?

If she made a claim to the CSA, I could advise her I will be reporting the payments I made to her over a number of years to the benefits agency and that she would have to pay a large amount of money back or face prosecution?

This is all down to fairness, I never made a claim against her not once in 18 years and never received any support from her at all.

Thanks

Carl

Comments

  • chall says:

    Quote Carl; ‘over the years I have never received ANY maintenance from her (I choose not to request any money from her)even though the case is still open should I have chosen to make a claim ‘

    Can you clarify what ‘case is still open’?

    Your ex will need to claim child benefit for your son, if he qualify’s for such then she can apply for CSA.
    The following link may help http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ChildBenefitandChildTrustFund/Childbenefits/KeepingyourChildBenefituptodate/ChildBenefitafter16/DG_073812

    chall ~ afairercsaforall

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