csa contacted me over maintainence from ex after 11 years

sexykellylovespink

my child has just turned 13 - his dad has not had contact for 11 yrs (his choice).he took me to court and fought for equal perental rights when he was age 1-2,and got it, which just meant he could check how he was getting on at nursery, school ect, he paid maintainence for a few months back then at about £20 a month.then abandoned him.
i have never chased him for maintainence as he was not in my sons life (my son is autistic) and i did not want the upheavel and disruption in his life as i thought that if i chased for maintainence he would come back in and out of my sons life. my son had another father figure in his life from age 2 (altough i have never stopped ex seeing my son ) i just didnt want to do anything that would encourage the disruption.
anyhow csa rang me about 2 weeks ago saying they had also contacted him,over maintainence he was denying he was the dad !!! (does he not remember taking me to court !!)
2 days after this he contacts me via facebook, asking about my son and trying to get me to set up a private maintainece agreement via child maintainence options, also saying he will stay out of my sons life as not to disrupt his progress.
my question is, is he wanting to go private to get out of paying backpay ?
i assume he will be on the old system and owe quiet a bit, does anyone know how this works ?
i have never wanted his money and have managed this long without it, i would just like peoples opinions x

shell_542

Are you or have you ever been on Income Support? Most likely he is trying to avoid the massive arrears. Did you ever open a case with the CSA?

sexykellylovespink

back in the day when he was (taking me to court ect) i was on income support and csa wanted his details ( but i never chased ).
a case must of been opened because i got £20 a month for a short period.
i have been on income support for short periods on and off, i have not been on it for the last 5 years though plus a few years inbetween x

sexykellylovespink

surely they wont make him pay 11 years back pay, will it not be a case that he pays from when they contacted him 2 weeks ago

speedster

all the time you were on IS he would have been liable to pay the money to the SOS to offset your benefits as there would have been an open case against him.

if he was on an interim maintainence assessment he could well have been given a bill for a good few grand.

he would need to apply for his data protection files and fight it himself. paying you isn't going to stop them coming after him though, that much is for sure.

sexykellylovespink

thats up to him as he was the abcent parent, that is why i was asking peoples advice as i was wondering if he was trying to be defraudulent towards the csa by asking me to agree to a private agreement (which i am not )
so its a matter of he would have to pay backpay to social and myself for all the missed years ?

sexykellylovespink

whats a interim maintainence assesment ?

CSA_Debt_Bod

An interim maintenance assessment is put in place by the CSA when the NRP does not supply some or any of his financial details. It may not apply in your case.

Even if you agreed to your ex paying you through a private arrangement (in which case the CSA would suspend the arrears owed to you but not wipe them off and you could change your mind and ask the CSA to collect them for you in the future), he would still be made to repay his arrears owed to the secretary of state for the times when you were receiving benefit. If you refused to be paid through private arrangement and left the CSA to collect your arrears, any money collected from him by the CSA would pay off your arrears first and only start paying off the SOS debt when your debt is cleared.

In answer to your questions yes, it does sound like he is trying to get out of paying you arrears, and if he had assessments in place during the 11 years he would owe 11 years' arrears.

CSA_Help

CSA_Debt_Bod wrote: »

An interim maintenance assessment is put in place by the CSA when the NRP does not supply some or any of his financial details. It may not apply in your case.

Even if you agreed to your ex paying you through a private arrangement (in which case the CSA would suspend the arrears owed to you but not wipe them off and you could change your mind and ask the CSA to collect them for you in the future), he would still be made to repay his arrears owed to the secretary of state for the times when you were receiving benefit. If you refused to be paid through private arrangement and left the CSA to collect your arrears, any money collected from him by the CSA would pay off your arrears first and only start paying off the SOS debt when your debt is cleared.

In answer to your questions yes, it does sound like he is trying to get out of paying you arrears, and if he had assessments in place during the 11 years he would owe 11 years' arrears.

Its not right that the CSA was set up to compensate the government for th IS bill .I only found out this recently and have to say i'm delighted that some of my arrears (just now) are going to the SOS .In turn after an appeal i am going through money will come back to me .
My pwc was out to cream everything should from society even though she was only allowed £10 from me £20 now .:)

shell_542

Basically, if a Parent With Care (you) was never on IS, then you can agree to a private agreement and can ask the CSA to erase any arrears on file. Some PWC's and Non Resident Parent's might have a more amicable relationship and can come to this agreement.

But as you were on IS at some points over the recent years, the CSA will not wipe any of the arrears owing back to the secretary of state for the time you were on IS, so you agreeing to a private agreement will not get rid of the arrears.

So yes, if they can get the arrears out of him, then you will receive some arrears and the SOS will.

sexykellylovespink

i am not going to agree to a private agreement, as at the end of the day this is his problem due to not paying, i dont want them wiping, if i get any arrears i will put them in a bank accout for my son.
i wanted to ask for advice from you as i thought he was trying to scam me and sos, and you have comfirmed my suspitions.
how soon will he have to start paying maintainence ? also will they pay as of the old or new system ?