Child Maintenance (CSA) questions (merged)

mistyarthur

This is probably a bit of a longshot but I thought I might as well ask.
Basically my mum has over the past 3/4 years been seperated from my dad, long story but they were originally not seperated but my dad had to be away due to a previous marriage, he ended up not coming back because he was offered a job running a pub(said he'd give money from it but never did). He then left because my mum wouldn't take a loan to get a pub(they use to run one but nearly went bankrupt).
She was always the one earning the money and paying the bills because my dad couldn't work. She has been ill for a couple of years now and not able to earn anything like she used to, nothing for the past year on her doctors orders.
He has taken advantage of the situation with her being desperate to sell the house because the mortgage is to large and him with a matrimonial charge on it, she gave in to easily to his demands after he caused the original sale to fall through.
He has paid no money into the house or for me or my sister, now 19 I'm am just over 18 and at university. My mum in the agreement finally reached by him agreed not to then apply to get back payment on maintenance from him. I was wondering if it was possible for me to make any kind of claim from him, I know it should stop at 18? but was curious if it had to be my mum making the claim. This is only because after the solicitor signed the contract on his behalf they have then tried rewording it saying that my mum would have to give him the money even if the sale fell through(she can't). He is doing this because the buyers want to move in by the end of March so the pressure is for my mum to agree, I wanted to see if there was anything that I could persuade him with to stop him trying to cause my mum more hassle.
He does have a job now as he owns a pub.
Thank you very much in advance for anyone with any help.

comping_cat

Im afraid i dont know the answers, but i would definatly recomend that you go and see a solicitor, some firms will do a first consultation for free, and see if legally you can claim anything. The CAB might be able to help as well. Good luck with this, i hope you can sort it out xxxxx

Savvy_Sue

I believe there was a recent court case where a student sued her father (divorced from her mother) for parental support throughout university. I don't know any details but if you could do a google something might turn up, or if you mention it to a solicitor or wherever you go then it might ring bells for them. It was only last year.

I wonder if the best thing though is to go with your mother to get help? Just that CAB etc won't advise you about what your mother should do and vice versa.

MooseRich

Savvy_Sue wrote:

I believe there was a recent court case where a student sued her father (divorced from her mother) for parental support throughout university.

If anyone finds out about that, could they post a link on here, would be nice to get my dad back for once :mad: I'm sure 14 years (4-18) must come to some small amount by now.

Sarah1971

My husband left me when our second son was born, around 18 months ago. We are now divorced, he has re-married, declared himself bankrupt, however he still has a decent job and affords to live comfortably with his new wife and her children.

We had a court order at the time of the divorce (April 05) that stated he was to pay me £350 per month for towards the childrens maintenance. The payments have varied from £0 to £300 a month and his last payment was November 2005. He has had one excuse after the other why he can't pay and I decided I would take the matter up with the CSA.

Unfortunately, they have have advised me they cannot deal with my case as a court order which is less than 12 months old is involved?! So I went and took advice from a solicitor who said they had not heard of this rule from the CSA and I should go back to them, this i did and still the same result.

So now I have to wait until the 19th of April before I can apply to the CSA, in the meantime I am not receiving any money other than my part time wages and tax credits to support me and the children.

If anyone has any advice on how I go about getting these arrears I would be grateful. do I simply just phone up the court and ask for their help in chasing these arrears or do i go back to my mis-informed solicitor?!

Thanks for any help on this....

comping_cat

I would go to the CAB for some advice, im sure they will be able to tell you what the CSA and your solicitor are having problems with!!!! Does the court order say anything about maintenance? If so, i would say he was breaking the court order if he isnt paying, and so you should be able to go back to court for them to deal with him!!! Good luck, i hope it works out for you.

Rikki

From personal experience I would stay away from the CSA. You have a court order in place. This is easier to enforce. My ex ran rings round the CSA till it got to the point where I gave up and I receive no maintenace for my children and with hind sight I should of had a court order for maintenance which would of allowed me to take him back to court for non-payment each time.
Take advice from the CAB and/or legal advice.

jazzyjustlaw

Did u not seek the advice from the Solicitor who obtained the Court Order for you? Was it a Consent Order? Did yu get an Order for spousal maintenance?

beanielou

Would advise you to go for a free legal interview to find out situation.Stress its a FREE
appointment you want.You should be able to go back to court to get him to pay up.
Good luck.

jazzyjustlaw

can I just say that I dont believe in free appointments usually you get what you pay for.