Private Agreement

shell_542

When having a private agreement between a NRP and PWC, with CSA not involved at all and have never been contacted, is it OK for the child support to be paid into a child's bank account referenced "child support"?

If for any reason it went to the CSA in the future or to the courts, would this be satisfactory evidence of child support being paid or will it be classed legally as a gift to the child?

Thanks in advance for any replies.

Caz3121

maintenance is payable to the PWC as a contribution for the child not directly to the child.

Is there a reason why you would pay it to the child and not the PWC? Does your ex receive benefits that this maintenance would affect?

Whilst with a private arrangement this 'may' be ok, if the ex went to the CSA maintenance would be due from when contact was made so anything subsequently paid to the child would be classed as pocket money and not maintenance.

pd001

shell_542 wrote: »

When having a private agreement between a NRP and PWC, with CSA not involved at all and have never been contacted, is it OK for the child support to be paid into a child's bank account referenced "child support"?

If for any reason it went to the CSA in the future or to the courts, would this be satisfactory evidence of child support being paid or will it be classed legally as a gift to the child?

Thanks in advance for any replies.

NO NO NO NO
and, for good measure
NO

The CSA will regard these payments as 'pocket money' for the child.
The payments will not be classed as child support.

Totally agree with caz3121

HTH

shell_542

The PWC works full time, so is not claiming benefits. I wouldn't have considered it if she had been on benefits. We think they just genuinely don't need the money for the child's upkeep as they still live at home with their parents and have no childcare fees, so want the money to go into a savings account for the child.

Things are amicable at the moment and we don't want to rock the boat by insisting we have the PWC's bank details, so I was wondering if for as long as it stays amicable, could the payments be made to the child's bank account but keep in mind if they ever contact the CSA we would need to stop them and pay them directly to the PWC?

If we had a letter signed by the PWC confirming they requested the payments to go into that bank account, would that help?

chriszzz

As the PWC works full-time I take it she has a bank account, this has to be the account any maintenance is paid into.
With a private agreement you both have to agree and sign how much and how it will be paid ie PWC bank account.
Even with the PWC agreement to pay into the childs account this could be mis-concieved, even if you did get permission from csa I wouldnt do anything unless you had it written from all partys and even then I would be reluctant to do it through the child.
CSA is never paid into a childs account. DONT DO IT!!!

Donedoingdebt

shell_542 wrote: »

If we had a letter signed by the PWC confirming they requested the payments to go into that bank account, would that help?

NO, not as far as the CSA are concerned

shell_542

Loving the red text :rotfl:

Thank you for your replies. We will ask the PWC for their bank details and suggest if they still want the money to go into the savings account to transfer it over themselves.

pd001

shell_542 wrote: »

so I was wondering if for as long as it stays amicable, could the payments be made to the child's bank account but keep in mind if they ever contact the CSA we would need to stop them and pay them directly to the PWC?

If we had a letter signed by the PWC confirming they requested the payments to go into that bank account, would that help?

NO NO NO NO
and again for another good dose of good measure
NO!

Don't do it.
The CSA will still regard it as pocket money for the child...it will not be classed as child support

CMAC_2

shell_542 wrote: »

When having a private agreement between a NRP and PWC, with CSA not involved at all and have never been contacted, is it OK for the child support to be paid into a child's bank account referenced "child support"?

If for any reason it went to the CSA in the future or to the courts, would this be satisfactory evidence of child support being paid or will it be classed legally as a gift to the child?

Thanks in advance for any replies.

No arrears would accumilate untill the CSA case was open. Keep the situation as it is pay private. If the PWC goes to the csa in the future then you need to re think the situation them.

shell_542

The bit that is worrying me is if the PWC contacts the CSA without us knowing, the period from the PWC contacting them and us being notified we will have accrued arrears but still have been making monthly payments direct which stretch us as it is.

CMAC_2

shell_542 wrote: »

The bit that is worrying me is if the PWC contacts the CSA without us knowing, the period from the PWC contacting them and us being notified we will have accrued arrears but still have been making monthly payments direct which stretch us as it is.

The clock starts from when you are contacted by CMEC not when the PWC makes the application.