Reporting the Ex After 10 years, Advice Wanted.

missbunbury

Roy_G_Biv wrote: »

Thanking negative posts over & over again isnt going to work, it could even make the symptoms worse.

To clarify for the OP, my post is not intended to be negative - I was pointing out that just taking the advice offered by Roy G Biv might not be the best plan as there are a couple of major problems with it that I can see. I actually have no opinion about the rights and wrongs of the OP's question, I was just offering my advice which is that the CSA would indeed have evidence to weigh against the suggested sworn statement, and that it might be a waste of time for the OP to go footling round with council tax records that won't hold any relevant information.

Roy_G_Biv

missbunbury wrote: »

Also, how would council tax records show anything about a child? Isn't it only adults that are recorded on the council tax system, or am I wrong about that?

I should have realised, this is a forum about claiming state benefits, and therefore you dont pay your council tax. You have others pay it for you.

You wouldnt need to see a form B25 from your local authority.

In any event, other public records can be used to prove the other parent fraudulently claimed benefits. The OP is free to choose whose advice to follow, and seeing your adversity to using public information in evidence says quite alot about you.

dizzydusty

Hi,

I have read this post with interest...

This isn't actualy a forum on claiming state benefits, as CM is not a state benefit. I am a single parent receiving CM via the CSA, I do not receive any state benefits as I work full time and am fortunate enough to receive a decent wage for doing so, so please Roy G Biv, dont assume everyone on here gets benefits.

The question posed by the OP is that how does he put right the fact that he has brought up his child for 10 years, but allowed his ex partner to claim the child benefit and other related benefits as if she had brought up the child...that is the way I have interpreted it anyway.

If the ex partner is continuing to claim these benefits, then he needs to report her for fraud as that is what she is committing.

However Benefit Fraud investigators will need to prove beyond reasonable doubt that the child did not in fact live with her. The main question I would be asking as an investigator is if this is the case, and the op knew about it, then why did he allow this to continue, knowing for 10 years that in fact that her circumstances were not as she stated. There are too many unanswered questions here. I find it unclear as to what the op thought he was achieving by allowing this situation to continue for so long without taking steps to correct it....it could be there were mitigating circumstances that we are not aware of, such as violence.

As mentioned by Kellogs, benefit fraud would need to be proven against the ex in order for CSA to review their decision on child maintenance as they have no reason to doubt that the PWC shouldn't receive maintenance as she would have been in receipt of child benefit and probably income support as a single parent (I am making assumptions here) and from what I remember in other posts by the op, he hadn't told the CSA that he actualy had care of the child. Benefit Fraud is criminal and must be proven beyond reasonable doubt, not on balance of probability. Believe me, something that may seem clear cut to a member of the public when it comes to someone rightly or wrongly claiming benefit, is a minefield of rules and regulations when it comes to investigating whether or not fraud was committed and even when a case is considered concrete, it doesnt mean to say that it won't fail on a point of law.

I think the main stumbling blocks for the op here are trying to get the case looked at as Fraud by DWP and the fact that he knew about the potential 'fraud' being committed...I would think this makes him as culpable as his ex.

Dizzy

Kimitatsu

OP your question has been answered by several people - if YOU have not notified the CSA of your change of circumstances than you cannot backdate the claim, no matter how many sworn statements you have.

If you wish to report your ex for fraud then you need to speak to the benefit fraud hotline.

Thread closed.