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mother claiming csa arrears from daughters

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Comments

  • RAS
    RAS Posts: 36,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    cheza1982 wrote: »
    your ok. aye 65000,20000 for each daughter and 5000 for his funeral, thats wat he told me was to be done with it.

    cheza

    What you father told you in irrelevent, legally.

    Can you answer some of thwe questions people have asked about the previous CSA involvement, please, otherwise it is hard to help.

    We can all understand that you are angry and want to blow off, but the moral rights and wrongs do not make a legal case.

    Did you father's insurance policy name you and your sisters as the beneficiaries, or not?
    If you've have not made a mistake, you've made nothing
  • cheza1982
    cheza1982 Posts: 49 Forumite
    edited 16 September 2010 at 10:15PM
    deleted post
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    cheza1982 wrote: »
    He was going to make a will as he was due to marry in may this year, he never made one as he knew his kids would get wat he left in place as he had protection on all his debts and would not have thought his ex wife and friend my mother would try taking this money from his estate how wrong he was, i apologise that my father was killed in a car crash at the age of 51 so dont be lecturing me on the morals of my story

    No one is lecturing you, your Mum has no claim end of, I lost one of my brother late last year, he was married had no will (well no legal wiil) widow got/gets nothing, after the funeral expenses his children get a share of the estate.
    What he was going to do is very different to what he did do.
    Not sure why you don't just go and seek professional consulation from a solicitor :eek:
  • cheza1982
    cheza1982 Posts: 49 Forumite
    edited 16 September 2010 at 10:15PM
    deleted post
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    cheza1982 wrote: »
    I am on monday. was just after some foot notes from here to take with me, got a few but really want answered the question just above regarding the csa and the limitations law.
    I know in the child support act section 41 E paragraph 1 sub paragraph B the commission may extinguish liability in respect of arrears of child support if it appears to it that it would be unfair or otherwise inappropriate to enforce liabilty regarding arrears.

    The best place will be from a legal bod, one of the solicitors I saw when making my will said that you look after the children whilst you are alive, you don't have to once you pass away. Just forgetting to name them in a will does not exclude them ,so one has to specifically exclude them, or make a nominal amount. this can equate to what the csa payment would have been and end at the same time, so there would be no loss.
    I am not a brief, but as your Mum was not claiming then it will be hard to claim back 'pay' . Besides unless there was a private arrangement, then it would be the DWP putting in a claim.
    I fear your Mum's claim will not stand, she will have a hard time proving it :T
  • BLT_2
    BLT_2 Posts: 1,307 Forumite
    cheza1982 wrote: »
    My mother and father have been close friends for the last 13 years and not once has she tried to recoup this money during that time and never fought for it, And for one dont call me low and immoral if you believe taking money from your own children is right. I had told my mother wen the money came through she wouldnt be left short and wen she found out about this money she blackmailled me and my sister asking for five thousand or she would be goin for it all all this 6 days after i had emergency surgery after giving birth and nearly died so you tell me wat kind of person does that to someone never mind there own child

    She's not taking money from you, she is taking it from an insurance policy. As ever when someone dies the vultures circle and everyone wants their piece of the pie.

    Can't even be bothered contributing anymore, this is clearly all linked to members of a dysfunctional family wanting to get as much cash as they can. Any normal family would just split the blood money equally between themselves.
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    cheza1982 wrote: »
    I have answered it no beneficiaries, there was an original claim to the csa by mother at the begining but no further action by her, I want to know why other debts can be wreitten off after six years in the limitations act although child support cant as it states it is money for children, well it is contradicting it self in this case as the money is now being taking form the children it was intended for in the first place. No it isn't, as the mother of those children had to pay out all the costs involved in bringing them up with no financial assistance. Had the NRP paid what they should have at the time, the financial burden on the other parent would have been much less - the PWC is merely recouping what she should have had at that time - the children have already had the benefit of the support, but all via the mother in this case.as i stated above my father took care of everything with insurance policies regarding his debt and never would of thought my mam would do this or he would have made his will earlier or put the insurance in trust.
    ..........................................................................................
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    What the mother needs to do, is to establish what arrears are owed via the CSA and get them to sort it out.
  • Fang_3
    Fang_3 Posts: 7,602 Forumite
    Please don't be angry with your mother. She raised you and paid for everything. She went without things so you wouldn't have to. If anyone, be angry with your father for not contributing to your upbringing.
  • cheza1982
    cheza1982 Posts: 49 Forumite
    edited 16 September 2010 at 10:16PM
    deleted post
This discussion has been closed.
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