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Overpayments on private agreement
djbum_syd
Posts: 140 Forumite
Hi Everybody,
My sister last week received a letter from CSA confirming the amount of maintenance her ex-partner had to pay for their child.
It also stated that because he underpaid on a private agreement before that he had arrears which he now owed. They however could not chase him for them as it was before their involvement.
When they split my sister (and her ex) did a check on the CSA online maintenance calculator which estimated he should pay £140 a month.
He said he could not afford that (although both knew full well he could) and could only pay £100 a month.
He has never had the child overnight, so he feels my sister does not need to know his new address - so she didn't go to CSA as she didn't know his address or employer details (Did she even need to know them to start a claim??)
She said £100 wasn't acceptable, but as she needed the extra help she took it.
After 10 months she asked if he could increase the amount to the £140, as she was finding it harder to get by (her job isn't all that well paid). He straight away got on to CSA off of his own back as he thought it was far too much to pay.
It came back that he has to pay £138 a month. So not all that much different.
And because of the 10 months where he paid £100 instead of £138, CSA say he has underpaid and has arrears.
Her ex is refusing to pay these arrears, saying he owes my sister (when really it's all for his child!) nothing.
Can she do anything about this?
We told him that going to CSA would mean they bring up how he underpaid, but because it was a private agreement we now know they can't do much.
Obviously she has managed to get by without the extra £38 for 10 months. It was a struggle, hence why she asked him to increase the amount. But with winter coming up, that extra money would really help her with heating, etc for the house.
She doesn't expect it all in one go, in fact she's resigned herself to just letting him get away with it.
Is there anything that can be done about it?
Or does she just have to let it go?
Sorry for the long post!
Thanks.
My sister last week received a letter from CSA confirming the amount of maintenance her ex-partner had to pay for their child.
It also stated that because he underpaid on a private agreement before that he had arrears which he now owed. They however could not chase him for them as it was before their involvement.
When they split my sister (and her ex) did a check on the CSA online maintenance calculator which estimated he should pay £140 a month.
He said he could not afford that (although both knew full well he could) and could only pay £100 a month.
He has never had the child overnight, so he feels my sister does not need to know his new address - so she didn't go to CSA as she didn't know his address or employer details (Did she even need to know them to start a claim??)
She said £100 wasn't acceptable, but as she needed the extra help she took it.
After 10 months she asked if he could increase the amount to the £140, as she was finding it harder to get by (her job isn't all that well paid). He straight away got on to CSA off of his own back as he thought it was far too much to pay.
It came back that he has to pay £138 a month. So not all that much different.
And because of the 10 months where he paid £100 instead of £138, CSA say he has underpaid and has arrears.
Her ex is refusing to pay these arrears, saying he owes my sister (when really it's all for his child!) nothing.
Can she do anything about this?
We told him that going to CSA would mean they bring up how he underpaid, but because it was a private agreement we now know they can't do much.
Obviously she has managed to get by without the extra £38 for 10 months. It was a struggle, hence why she asked him to increase the amount. But with winter coming up, that extra money would really help her with heating, etc for the house.
She doesn't expect it all in one go, in fact she's resigned herself to just letting him get away with it.
Is there anything that can be done about it?
Or does she just have to let it go?
Sorry for the long post!
Thanks.
0
Comments
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Yes, it's all his fault
0 -
The CSA can't do a single thing. A private agreement isn't worth the paper it's written on. No legal standing.*SIGH*
0 -
Unless they were involved from the outset, they can't do anything - she will just have to lose it but ensure that she gets the correct amount now.0
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Ok, thanks guys.
Shame he feels the way he does when it comes to his child, but at least he can't dodge out of paying money in the future.0
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