If Ex is On Benefits..is this Right

blimey40

well, it did happen in my case under CSA 1.

Apparantly I have arrears amounting to roughly £120 per week from 1997-2005, yet she either claimed IS or Child Support which was less.

I have outlined before that in the early days, I was not a great dad, but from around 2002 I paid her directly.

CSA want the full arrears.

2000-2002, I was out or work anyway. Not sure , how this can be correct. Even got a nil assessment in 2000. Yet in 2008 out of the blue arrears demand/lo served with all totals included.

Loopy_Girl

Arrears are different. We are talking about normal maintenance.

If arrears and normal maintenance are due then it can be a higher amount and the argument will be that the PWC was claiming the state supported IS whilst no child maintenance was being paid.

blimey40

Would this mean that she may get some extra money now? From the arrears paid?

looby75

blimey40 wrote: »

Would this mean that she may get some extra money now? From the arrears paid?

no the arrears will go to the government (DWP) to pay back some of the IS she has received in the past.

kelloggs36

If there is any difference she would get it, eg if you paid £120 and she got £80 from the Government then she would be due the other £40 and her income support claim would be adjusted to show that she in fact had no benefit by them doing an IS recovery which is a paper exercise.

kelloggs36

CSA want full arrears because either the PWC doesn't agree that she has had the money (if she was on benefits, it is likely that this would result in an overpayment of benefit which she would have to pay back) or she said it was for something other than child support. If it is the former, then you will have to prove first that you paid the money and secondly that it was accepted as being for child support and no other purpose.