Almost 8 years

YAZZ_2

I have been trying to get child support for my daughter for almost 8 years. Nothing. When CSA caught up with him he jacked in job and claimed benefit. My daughter was awarded 1.25 a week from benefit but has not recieved that.That was 3 years ago. CSA not giving me answers. Then, my son's father moved to Denmark. We had a voluntary agreement in place for 13 years but he stopped paying last year. Since then I've tried through CSA who again do nothing.And I mean NOTHING! I am about to file in courts for maintenace order to be taken up by REMO to enforce in Denmark. Can I ask for back payments?

What do I do? What am I doing wrong? PLEASE SOMEONE HELP!!!

LizzieS_2

YAZZ wrote: »

I have been trying to get child support for my daughter for almost 8 years. Nothing. When CSA caught up with him he jacked in job and claimed benefit. My daughter was awarded 1.25 a week from benefit but has not recieved that.That was 3 years ago. CSA not giving me answers. Then, my son's father moved to Denmark. We had a voluntary agreement in place for 13 years but he stopped paying last year. Since then I've tried through CSA who again do nothing.And I mean NOTHING! I am about to file in courts for maintenace order to be taken up by REMO to enforce in Denmark. Can I ask for back payments?

What do I do? What am I doing wrong? PLEASE SOMEONE HELP!!!

Can you explain again, as your post doesn't make sense - you are saying had nothing for 8 years, then saying 3 years ago £1.25 was awarded from benefits, then you are saying a voluntary agreement you had with him ceased last year.

borders_dude

Another example showing that the CSA is not fit for purpose, thankfully this has been recognised by the Government.

PlayingHardball

Hi Yazz,
Asking for back payments - make sure you put this on your application for REMO but I doubt the Danish courts will even look at that request as there is so much info they will neet to put together, but nobody can answer that for you, only the Danes. Don't hold your breath with REMO though. It's been about a year for me and still nothing, with the exception of a recent response to our courts from the German ones whereby my ex gave them a bunch of false information to which I had to respond. But by his lies and stalling will the Germans ever have the power to wade through his falsifications in order to issue an order? I'm doubtful.

It seems to me that it will be a very long road before Germany (in my case) will be able to explore all of the details such as his income, etc, before being able to issue an order. I don't want to discourage you, but treat it as though you don't expect to get any child support and if you do it will be a bonus.

Best of luck. PM me anytime you want, as I've been through it, and still going through it.

I agree with Border_Dude, this is a big loophole with the CSA and until our Government grants the CSA the powers to enforse NRP whilst abroad, you and I are up the creek. And more importantly, our children suffer and these 'nrp' get off scott free (there are no words to describe those people, other than a disgusting disgrace to parenthood)

Just read your post again, slowly, and I see you already have a maintenance order in the UK? In which case, your situation may very well be quite straight forward with the Danish Courts. Hopeuflly they will accept that and inforce it. (It is what they are supposed to do)

AnxiousMum

You may be able to ask for backpayments - better to check out the individual laws in Denmark. I am in the process of doing a REMO 'variation of order' with an ex in Canada. Canadian law dictates that as long as I have notified him that I am going for a variation and what that variation is, that I then have 3 years to actually file for it and the court can backdate it up to the time I notified him of my intentions. I guess they go that route as their laws on child support are so strict and rigid, that the paying parent can easily check the figures themselves to see what is payable - and they can accurately volunteer to change the amounts and come to a consent order amicably which then gets filed in court. He chose not to do that, so I have the right to go retroactive. Hopefully the Danish courts can accept the fact that there was already an order, and do something similar in terms of retroacive payments.

YAZZ_2

Sorry, I think I do need to be a little more clear (Tember typing I think)
I have 2 children both have different dad's.
My son's father lives in Denmark for past 4 years and we had a good arrangement with out involving CSA (which nrp suggested) for over 13 years. I am very lucky to have had that from him. I will give him credit when due as he was always supportive up until he met and married his danish wife and things very quickly changed. 18 months ago he said and quote " I think I have been fair all of his life so I'm not paying anymore". Our son is 17 now but still in full time ed. His life has not ended!!!
My daughter however, is almost 8. Her Dad left when I was pregnant and she doesn't know him through his choice and has never given our daughter a penny. I work to support both my children but when CSA eventually caught up with nrp2 after 5 years of me trying, he jacked his job in and claimed benefit. I was awarded 1.25 a week from his benefit which I have never received. That was 3 years ago. Just to add....last year CSA told me he was no longer on benefit yet still nothing done????

kelloggs36

What have they told you they are doing? Get your MP involved - your second NRP is not on benefits so questions should be asked as to how he is supporting himself. Also, requests to Inland Revenue should have been made to find out if he has a new employer.

YAZZ_2

I have said to them about IR, driving licence etc but I was told that is only used in extreme circumstances. I asked if 8 years was not extreme enough??? I just get fobbed off. When I ring I get a response like " oh we will do a trace" (although he is still living in same place etc as I've given them) I agree to that. Next time I ring they say "oh we did ask for a trace.....but we don't know whats happened" I say " and?" all they say is oh we don't know we'll have to ask for a trace again!!! Talk about circles. I was also told it had been passed to enforcement (3 YEARS AGO). When I chased that I was told " well we can't force the enfoecement to enforce it" ????? They tell me they'll do so and so and thats it until I ring again. My 1.25 awarded, I was told had to be requested from DWP. CSA say DWP refused payment??? When I asked why, agaian they didn't know. I stated that if any 'employer' was to with hold payments then they could be prosecuted, so why are DWP different??? I work and pay my taxes!!! I have now contacted my Parlimentary Onbudsman.Funny enough, On yet another complaint email to CSA I told them this and guess what??? I received my second ever letter. (First one regarding a complaint ) within 2 days. They say they have 15days to reply to my complaint. Is that to my first complaint???? No can't be that was 5 years ago.

kelloggs36

it is not only used in extreme circumstances - IR is used regularly!!!!! DWP only make deductions in specific circumstances so if he already has deductions for something else, they can't take CSA deductions aswell.

Go to your MP and get them to complain on your behalf - they can use equifax to trace and IR. Car details if you know them can also be used - they are rarer but it can be done - be persistent and complain, complain, complain very loudly.

Kimitatsu

Have to agree with Kellogs you need to keep at it because otherwise it falls to the bottom of the pile.

Ask to speak to an enforcement officer and start getting names of people who are dealing with your case - I had a named officer and it STILL took almost 6 months to get them to enforce the request, and I would ring up every couple of weeks to chase them.

Keep a log of everything, all letters, phone calls, the information youhave given them etc, it will be easier to prove your complaint later on. NRP1 can still have maintenance claimed under the REMO agreement until your child finishes full time education or their 19th birthday which ever comes sooner.

I am confused as to £1.25 - does he have other children? The DWP can only not enforce an attachment to benefits if there are other debts coming out and it would take them below the minimum (currently about £45 a week on full benefit), if that is the case it is up to the DWP to prioritise the debts and the CSA should go at the top of the list. Again you have to chase that because otherwise it will nto get done - it will just be refused.

YAZZ_2

Thanks eveyone, your responses keep me motivated!
Today I had a phonecall from the complaints section of CSA. Progress!!! Threat of MP must have worked. He was very helpful and has promised to contact me every step of the way.(Have I heard this before???? Of course I have!!!) He has again ordered a 7-20 (trace apparently) he also said he has written to NPR2 again today stating he has 5 days to reply. They are also doing IR check and will go straight for attachment of earnings if they find his employer. CSA confirmed NRP2 is no longer on benefit. What I find amusing, is DWP will not take money from him if he has new children as they come before previous children!? That should be the other way around!!! This may make NRP's to think twice about producing children again when they can't pay for the first lot!! So.....I wait! ( should I have faith here???? I almost believe his promises???) However, different story with NRP1. The can not find ANY trace of him what so ever. CSA explained this maybe because he's never claimed benefit. Although, CSA did take the name of the company NRP1 works for in Denmark and is looking into it having a 'british arm' to see if they can go that way, but if not I will be the REMO route.

Again I thank you for your support!! Watch this space. I am NOT giving up!!!