CSA wants me to pay maintenance twice

HowdensGuy

I paid child support cash and kept a written record of it but didnt get ex to sign receipt. The CSA wants me to pay again, twice from the same income and I really cant afford it.

I think ex is saying i have not paid anything and my word against theirs and the CSA is siding with ex. Im not sure why.

Can I write an affidavit (or a statutory declaration??) a sworn statement detailing when and how much I have paid? and can the CSA rebuke it even though there is no evidence to the contrary?

kelloggs36

Unless the PWC agrees that you have paid the money and it was for child support, then you won't be able to prove it and will have no choice but to pay again. Was you ex on benefits?

HowdensGuy

Yes.

Affidavits or notary public authenticated statements are not admissable then? I dont think its fair I should be charged twice.

I have found some BACS (internet bank transactions) which proves some of the payments, looking for more.

Caz3121

In which case if she admits she received it she may have committed fraud
BACS may not help you either unless it is all clearly flagged as "child maintenance"
:-(

kelloggs36

If she was on benefits then she should have declared it. If she didn't then she is risking getting herself into trouble by admitting she has had the money. An affidavit won't help you - the PWC has to agree the money you gave was for maintenance.

vicshippers

This one is on Judge Judy all the time - unless she agrees with you then you will have to pay it twice.

kelloggs36

Isn't Judge Judy from the USA? So it wouldn't necessarily apply to the UK, but in this case, it would!!

DUTR

HowdensGuy wrote: »

I paid child support cash and kept a written record of it but didnt get ex to sign receipt.

and my word against theirs and the CSA is siding with ex. Im not sure why.

That's why she is your ex, don't care what anybody says, pay it through the csa

HowdensGuy

Its a simple case of ex says I have paid no maintenance and the CSA is taking her word for it even though I am prepared to give a statement in evidence to the contrary, but someone here says the CSA will disregard it and I have to pay again, and I find that rather odd but I think this could be the reason why she is lying.

I have spoken to the bank, the cash transactions sent by BACS (business account - I design kitchens) dont actually say child maintenance, only give their first names and the destination bank account number and sort code is my ex's, the payments by cheque are a different story because I have to pay the bank for copies of the cheques that ex has presented since 2005.

I am not sure how ex being on benefits is relevant? It was her choice to separate and sign on.

Someone here suggest the CSA will not count a sworn statement as evidence of paid maintenance, does the CSA consider evidence from a bank sufficient proof of payment?

Caz3121

HowdensGuy wrote: »

I am not sure how ex being on benefits is relevant? It was her choice to separate and sign on.

If ex was not on benefits whether she received maintenance or not is no-one elses business so by denying receiving it is just plain nasty.

If ex was on benefits she should have been declaring the maintenance and would have been allowed to keep the first £10 per week and the rest of it would be due to the Secretary of State

So for example if you paid £50 per week for 100 weeks (not sure the amount or dates that are involved) this would have been £5,000
If on benefits ex would have been able to keep £1000 and £4000 payable to SoS, if she admits that you payed she gets a big bill (plus potentially a criminal record)

....so the relevance is that she is unlikely to ever admit this

kelloggs36

As she will be admitting to fraud.