Help please

nath06

I was wondering if anybody could give us some advice. My husbank seperated from his wife 16 years ago they have had a court order in place since 1996 which states that he has to pay maintenance for the child up to the age of 18 if he is still living at home or until such time as he is able to earn his own livliehood whichever was earlier.

Unfortunatley the ex is very much money driven and access has been a nightmare it started out as 2 hours per fortnight and we have been back to solicitors numerous times to fight for more this was all ok until about 6 years ago when the child wrote a letter one day and said that he hated us and never wanted to see us again after spending the weeken with us and his grandparents.

Telephone conversations to her and him failed to answer why he had done this so we told him the door was always open anytime he knew our phone number where we livedd etc.

She remarried 11 years ago and to say that her new husband pulls her strings is an understatement, we would go round with birthday and christmas cards and he would put them in the bin, buy presents only for the child to say his stepdad had broken them this went on and on and on, we have since had 2 children and the time came reluctantly to say enough was enough we spoke to her and the child and made it clear whenever he was ready the door was always open.

So since then we haven't seen him, he has walked past us and his grandparents on the street we have always acknowledged him.

When he turned 16 in january my husband stopped maintenance, she phoned and assured us he was as college although he did have a part time job my husband offered to pay the money direct to the child but this was refused by the child and his mother so we carried on paying every month.

Then in August we stopped payment again, she came on the phone again assuring us that he was returning to college and she would tell us if he got a job, lo and behold 2 days after the money was paid it emerged that he had indeed left college and does indeed have a full time job.

Money stopped again at the beginning of this month and to say the past few days have been nothing but non stop abuse we only asked her if he was working to which she confirmed he was but the messages left on the phone and txt are quite disturbing. Is my husband in the right stopping payment as he said if he child had agreed to take the money he would have continued paying and if she had been more truthful and agreeable all these years he prob would have paid till he was 18 but as one of her friends tellingly said to us she just wants the money but doesn't want my husbank to have contact.

DUTR

How old is the dependant know? At 1st I would have suggested stopping payment, but I note you have already done that,
contact and support are not linked
but as there is talk of leaving school and attending college, then there should not be much more contribution to pay well into the future.

nath06

He is almost 17 he left school at 15 went to college for a year she said he was returning to college this month but he has now gotten a full time job so is in no form of education it is a scottish court order

bdt1

If the child is not in full time qualifying education then, your husband is not liable for child maintenance - end of story!!!

We had same scenario - PWC stated child in education, yet when benefit check performed by CSA, PWC had not received child tax credits, or child benefit for the child (that was meant to be in education) for over 6 months. CSA contact PWC tell her NRP is no longer liable and case closed, then PWC states she 'hadn't realised she hadn't received her benefits for 6 months!!!' We think not!!!!!

But, hey CSA being what they are - case re-opened, and hubs child maintenance is liable again - even tho PWC is lying through her teeth! We in process of proving so!

Ask CSA to do benefit check, see if she is receiving child benefit, and tax credits for this working child, and if so report her for fraud

kelloggs36

Is this via a court order? If so, then she would need to go back to court to get them to enforce lack of payments if she feels that he is in breach of the agreement - if said child is working and has left college, she will lose. change your phone numbers!