Have I got any chance of seeing any money from ex??

vickiv55

Hi there,
I would really appreciate some advice with this.

My son is 7 years old, and for the first 3 months of his life my ex paid me £15 per week cash for him. This stopped after an argument so as I was on income support at the time, I claimed through the CSA.

My ex claimed that he wasnt working - he was. He was getting paid cash in hand by his auntie for being a DJ/barman in her nightclub.
I told the CSA this, however they believed my ex and all he had to pay was £5.00 ish minimum payment as he was falsely claiming benefits.

I've been back and forth over the last 7 years trying to get money but he is flitting from one benefit to another.
The latest is an incapacity benefit so he now doesnt have to pay a penny. He is however paying some of his arrears back to the CSA. He ran up the arrears when he didnt pay the £5 a week.

HOWEVER, he has just set himself up as the company director of a letting company. (His aunt owns a lot of residential properties so he is still working for her!!!)

I have told the CSA this, and given them the information that I found on the internet about this, and I have not heard a thing back.
I've just emailed a complaint to them about the lack of contact and lack of maintenace, as I have been passed from pillar to post for the last 7 years.

What do I do next? I think the CSA are just seeing on paper that he is getting benefits so are unwilling to accept anything else? Its so unfair on my son. He has seen his dad a handfull of times and asks all the time if his dad loves him? And why his dad doesnt want to see him? It breaks my heart.
I dont know if this makes a difference to my ex's financial situation but he told me that he has another son, who is now about 2? And he is married to that son's mother, and she has another child as well? Would that effect the amount he would/should be paying?
Sorry for the 20 questions, and if this is a bit scatterbrained but it confuses me a heck of alot.
I just want the best for my son, he's my absolute world. I've tried since he was born to encourage my ex to take an interest in him but its never been easy.
Any advice you can offer will be greatly appreciated
Thank you

moneysavermum_2

Firstly I am no expert but as parent with care of 3 and used to csa system. Id say that if hes got income that hes not declaring...the csa need to investigate whta you are claiming. He should be making a contribution regularly 15% for one child, 20% for 2. So like you say if he has another child he will need to pay 20% of his net wage divided between the two mothers. He wont have to contribute to any other children living with him that arent his.
I wish you luck but in my experience you need to keep complaining to get them to listen.

CSA_Debt_Bod

Hi Vickiv55,
If your ex is in receipt of incapacity benefit he would automatically be liable to pay zero for regular maintenance. The other children in his household wouldn't therefore make a difference to his weekly regular maintenance amount, but they would be taken into account when the CSA make an agreement with your ex as to how much he has to pay for arrears...although usually if an NRP is receiving incapacity the CSA would agree to minimal arrears payments of something like five pounds a week, due to his low income.

You're right that if your ex is claiming benefits that the CSA won't really look in to your claims of him working cash in hand. Have you thought about reporting him for benefit fraud, and giving the benefits agency all the details of his dj work and directorship of a company? If he thinks he might face prosecution for benefit fraud he might start working legitimately (paying tax through the books) and you would then be more likely to receive regular maintenance.

I appreciate that it must be so upsetting to see your son hurt by your ex's lack of interest in seeing him, but you should try to separate that issue from the subject of child support, as it is irrelevant as far as the CSA is concerned.

Hope this is helpful to you.