Ex has put in a backdated claim even though I paid every week.

clare79

Advice needed please.

I split with my ex wife about 12 years ago. We have 2 children and I have seen them every weekend, and paid maintenance every week without fail, apart from a period of about 4 months whilst I was out of work.

My relationship with my ex has always remained civil for the sake of the kids and i’ve never had any problems with her before.

Until last month! I dropped round the maintenance as per usual, even stayed for a coffee. No problems at all. Then the next day, completely out of the blue I get a text message saying “I’ve put a claim in with the csa backdated for 12 years. You’re f*cked, ha ha”.

I really don’t know what to do. I have no proof at all of the payments I’ve made as I really didn’t expect this.

Can she do this?

I’m worried sick.

Mojisola

I hope you've saved that message - and any other she sends!

If you've always handed over cash then you are in a difficult position. I'm sure other MSEers have been through this and will be able to give you good advice.

kelloggs36

She can't claim backdated maintenance for the past 12 years so the last laugh is on you!!!

Mojisola

kelloggs36 wrote: »

She can't claim backdated maintenance for the past 12 years so the last laugh is on you!!!

That's good to know but before she realises it, I'd get a few more messages from her. Send her one saying "but you know I've been giving you xxx amount in cash for the last xxx years" and see if you get a reply.

From now only hand over cheques so that there is a paper trail.

Soubrette

Has she been claiming any benefits in the last 12 years?

Apart from that I don't see why there should be a problem - it is not illegal to have a private arrangement where the NRP pays more or less than the CSA calculations so long as both sides agree.

In general CSA claims only start from the time they contact you.

Sou

clare79

I've just phoned the csa, they said they will only backdate a claim from the day they write out to me. As they haven't wrote to me yet they can't back-date it. They've also told me that according to their quick calculations I will be paying less then I do already. Silly woman. I'm so relieved!

Soubrette

clare79 wrote: »

I've just phoned the csa, they said they will only backdate a claim from the day they write out to me. As they haven't wrote to me yet they can't back-date it. They've also told me that according to their quick calculations I will be paying less then I do already. Silly woman. I'm so relieved!

If it were me (but I'm a malicious git sometimes ) I would put a claim myself through the CSA and pay her the lesser the amount. I would then spend the rest on the children directly or put it in a savings account for them.

Depends how much you value the friendship with the PWC though and obviously whether she could get difficult with access.

Glad it's clarified for you.

Sou

bdt1

She can only claim maintenance from date she contacted CSA. So, as Kelloggs said she can't claim now for last 12 years, but she can make things dificult now.

On new CS2 assessment a % of your wage is automatically calculated depending on how many children you have, for 2 hildren it is 20% of your wage. No mortgage etc are taken into account just a straight 20%.

If you are employed they can easily (usually do get) DEO, if you self-employed then another matter.

Keep texys/replies, don't alert her to fact she cannot claim for time efore she contacted CSA, and also if you do give her any maintenance, make sure any monies are clearly marked as Child Maintenance for child 1 **** ******** & child 2 ******* ****** (their names), also make sure it states payment made from ***** ****** (your name), includes your national insurance number, and made payable in respect of child support to *** **** (PWC name). Copy such a cheaque/document, get PWC to sign it/date it, and keep copies, if she does not comply do not hand any money over to her, as if she has contacted CSA they'll come looking for you soon enough anyway, at which time you will also owe arrears, so put some money aside

clare79

The csa have told me that until they write to me i'm not legally obliged to pay a penny more to my ex. Obviously I want to support my kids but I don't want that malicious woman getting another penny off me, so from now on as they are both growing teenagers I will give them pocket money and buy them clothes etc.. every week until I get that letter (and i doubt the csa are in a hurry to send the letter out). Thanks for your help!

Blonde_Bint

"No problems at all. Then the next day, completely out of the blue I get a text message saying “I’ve put a claim in with the csa backdated for 12 years. You’re f*cked, ha ha”."

OK op this piece of info tells me all I need to know. No matter what the woman says from now on don't trust her. Also be very careful how you pay her. Phew, she cant force you to pay for the 12 years again, you've had a lucky escape there. From now on be very cautious.

If his pwc has contacted the csa should the OP not pay the pwc and instead be saving the maintenance money for paying the CSA when they get themselves into gear because they will be asking for this maintenance money then? is that not a better idea.

As someone else has stated it may be wise to pay the csa the lesser amount, stick to it she may want to cancel out the csa when she finds out shes going to get less but by going through the csa you have very good proof of payments that last statement 'you're fooked ha ha' i'd go through the csa then she cant send texts like that one again.

Good luck. xx

Soubrette

clare79 wrote: »

The csa have told me that until they write to me i'm not legally obliged to pay a penny more to my ex. Obviously I want to support my kids but I don't want that malicious woman getting another penny off me, so from now on as they are both growing teenagers I will give them pocket money and buy them clothes etc.. every week until I get that letter (and i doubt the csa are in a hurry to send the letter out). Thanks for your help!

Do make sure that you put 20% of your net pay into an account somewhere though from the date you do have contact from the CSA - they are slow and unweldy and arrears will accrue.

Sou