clean break evidence

gearboxkart

Hi all, i seperated from my partner in 1990-91 we have 1 son who is 20 this month, at the time of the split we drew up a clean break at our seperate solicitors as in i signed the house over to her in her soul name only + gave her half of what was in the bank so she also got 12k and i had to buy her a car upto 2k, this was all done, house was worth 45k ish at the time of the split in the early 90's had a 12k mortgage on it, today its valued at 175k although she has now sold it.
Problem i now have is the CSA ! they will not take into account the clean break as i have no evidence of it ever happening as i dont have the paperwork from the solicitors from 1991 ish, iv contacted my solicitor who delt with it and he says they only keep data for 10 years so sorry we carnt do anything, iv also contacted the courts that dealt with it and have had more or less the same reply from them, is there anywhere i could get evidence of this ever happening because atm the csa want 30k in arrears off me. my ex partner will not help me in any way shape or form as we have not even spoke since 1991 and she now lives 300 miles from me.

Donedoingdebt

Even though you paid what you agreed regarding the clean break, not once in your post have you stated that any of these payments were specifically for child support payments & it appears that everything you've paid may be regarded as spousal maintenance.

Unfortunately, if this is the case, then the CSA will disregard any of these payments.

However, you should only be liable for child support payments via the CSA from the date that they first made contact with you. They should not be able to backdate payments from up to 20 years ago if they've only just become involved. But, if there has been a case running for a while, then you'll have a difficult time persuading them that you do not owe the amount they're requesting.

gratefulforhelp_2

OP you have been poorly advised by your solicitor if you have understood that this would allow you to avoid paying child maintenance from what the solicitor has said.

I looked into this when I got divorced, my understanding is that it is the child's right to maintenance, and that you cannot as a mother/father waive that right on behalf of the child.

So my view of this is that you will have to pay CM as what you have already paid will be viewed as irrelevant to CM.

I don't know if its different if you are in Scotland, though.

gearboxkart

Thankyou for the replies, sorry i didnt include the actual wording on the paper work but it stated full and final settlement in liu of child maintainance.
Scotish law doesnt apply as im in the north east of england.
The ex has replied to the csa with a letter stating the above but the csa refuse to take it into account as they say there is no evidence to prove this, thats the problem i have as i dont have the paperwork from solicitor or court from 1991, and it seems with them only keeping data for 10 years im stuck.

Blackpool_Saver

see a solicitor....

gratefulforhelp_2

Yes, see a solicitor as

1. If your ex hasn't started a case, why would CSA get involved?

2. I don't think you can do that?

Blob

It may be taken into account and as a result you might get a discount on the amount that you have to pay.

shell_542

Was your ex on Income Support at any time in the past 20 years, because if she was, they would possibly have forced her to open a CSA case for child support and the child support you should have paid, part of it would have gone to the government. Being on benefits, she wouldn't have been able to receive all maintenance herself if over £10 or £20 a week. So what they may be saying is, even if the ex agrees you paid a lump sum child maintenance, she would have been committing benefit fraud (unintentionally) and you should have been paying through them with some going to the government ... who are still owed money, so they want it now.

You haven't given details of when the case was opened, if you ignored their contact etc etc

Blob

You have to remember as well that with the advent of the CSA the 'Clean Break' divorce died, it was one of the reasons for the CSA coming into being, many PWC were left asset rich but cash poor by these. The Gov was having to pick up a bill that they did not want, so they dreamed up the Night Mare that is the CSA!!!!

gratefulforhelp_2

That's what I thought.

kelloggs36

If she was on benefits, then it overrode any court orders in force. No such thing as clean break as far as child maintenanance is concerned. However, if you paid over the house in lieu then some of that can be taken into account provided it was prior to 1991? They add it to the calculation and reduce your liability.