mother claiming csa arrears from daughters

cheza1982

deleted post,

amersall

Not too sure on this, but if she is entitled to this money then i am sure she can claim it.

AnxiousMum

If there was an order in place, and the father of the girls ignored it and did not pay for it, then she is not taking money from the daughters, but getting back what is due to her from his estate. It was okay I guess for the deceased to ignore the financial needs of his children and cause their mother to possibly go without things, or struggle on a monthly basis to provide for the children when he wasn't - but not okay for her to claim this back from his estate? Either way, the girls will have benefited from it - just possibly before the mother was actually paid back for it.

BLT_2

AnxiousMum wrote: »

If there was an order in place, and the father of the girls ignored it and did not pay for it, then she is not taking money from the daughters, but getting back what is due to her from his estate. It was okay I guess for the deceased to ignore the financial needs of his children and cause their mother to possibly go without things, or struggle on a monthly basis to provide for the children when he wasn't - but not okay for her to claim this back from his estate? Either way, the girls will have benefited from it - just possibly before the mother was actually paid back for it.

Damn right, she wouldn't be entitled to these arrears if he had actually supported his children when they needed it. Hopefully she will get the money and be able to go on the holidays she may not have been able to afford while she was supporting 'their' children.

Personally I think it was pretty low and immoral of the NRP not to support the children, and pretty low and immoral of the children if they begrudge the mother the money.

kelloggs36

I'm not sure if the law has changed yet to allow arrears to be claimed from a deceased's estate - it certainly was never the case that it was possible, which I think was wrong - as others have said, if it was due and they failed to pay, then it still needs to be paid.

DX2

DX2 wrote: »

Section 38: Recovery of arrears from deceased’s estate

357.Section 38 inserts a new section 43A into the Child Support Act 1991, which gives the Secretary of State power to make regulations to enable arrears of child support maintenance to be recovered from the estate of a deceased non-resident parent.


358.Subsection (2) of new section 43A sets out that regulations made under subsection (1)may provide for:

• the arrears to be paid by the executor or administrator of a deceased non-resident parent out of the non-resident parent’s estate, to the Commission;
• how the amount of the arrears to be paid out of the estate is determined; and
• the procedure by which claims for arrears against the deceased non-resident parent’s estate are made.

359.Subsection (3) states that regulations may also provide for the executor or administrator to institute, continue or withdraw any proceedings. The regulations could, for example, enable the personal representative to exercise a right of appeal that the deceased might have had.

360.This change will enable the recovery of arrears of child support maintenance from the estate of a deceased non-resident parent where it is appropriate to do so. It is intended that arrears of child support maintenance will be treated in the same way as civil debt, and will be paid before the estate is distributed to the beneficiaries. Personal representatives will be required to deduct the arrears from the assets of the deceased. They will also have rights to appeal and dispute the arrears demand. Regulations will also make provision for the procedure to be followed in determining the amount of any arrears and for resolving any dispute that arises in relation to a claim against a deceased non-resident parent’s estate.
http://www.opsi.gov.uk/acts/acts2008/en/ukpgaen_20080006_en_4

:think: same OP ?

stacfor1 wrote: »

I am 25 and have a sister who is 28, my mother never went ahead with a claim from my father through the CSA after they seperated when I was 1. My father has now passed away and my sister, step sister and I are awaiting payment of an insurance policy our father had for us and we have received a letter from the CSA to say that my mum is cvlaiming backdated payments totalling £18000 from us, is this even possible??

shell_542

If there was never a CSA claim opened (whether by the mother or automatically if the mother was on benefits) then there are no arrears to collect.

bdt1

Really sorry, but what mother would ever take from her children? Sorry just don't get it, even if NRP wormed out of CS for 2 growing children, they are now grown up's, surely if they manage to get the insurance claim from their father's death, they are more likely to give Mummy a treat 'for all those years she brought them up single-handedly and struggled' rather than Mummy try and take 18k from her own flesh and blood. I believe in newer cases as DX2 states the CSA can access the estate of deceased NRP.

I'm not being tongue in cheek, have been as PWC & NRPP ,on receipt of non-compliant NRP, just would have always wanted my children to have any monies from NRP (especially as adults) never to access this money for my own personal gain. The money is for the children.I believe and it is only my personal view that these girls should be receiving from their father's estate and not their mother.

DUTR

cheza1982 wrote: »

Hi can someone please tell me if there is time limits on claiming csa a rrears and wen does a case close and no longer able to be claimed, I have read certain threads that arrears dated before 2000 can not be claimed and only certain orders can be put on these claims before 2000, the nrp in this situation is deceased and the children in the situation have not lived at home since eldest 1998 youngest 2001 but now there mother has made a claim for 18000 pounds for unpaid child support from there fathers life insurance policy that he put in place for his daughters, now i think wat she is doing is imoral and low to be taking money from her daughters but she has a legal claim so we believe,

What does the late NRP's last testament will state?
If there is no will then it goes to the next of kin, which is usually the children, the mother herself has no claim on the estate.
However anybody can contest within 6 months of the date of death.
In the will the child(ren) would have to be specifically excluded for them to have no claim.

System

If the children were the direct beneficiaries of the father's insurance policy then surely it would not have formed part of his estate and therefore the mother would not be able to claim it?

cheza1982

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