ex refusing to take maintainence payments

johnnyl

Probably an odd thread this.

Some of you may remember me asking a few weeks ago a host of questions regarding maintainence payments.

One of the pieces of advice was that since I have moved out, shift the direct debits and bills into the ex wifes name (she can not claim tax credits etc as a single person). This however leaves me paying nothing.

To some this may sound great, but she has chosen this route herself. She cancelled everything she could. What are the consequences of this for me? She is refusing to take any money, Ive asked repeatedly for details so I can set up a BACS and at least pay the child maintainence bit as calculated by the CSA website.

Im suspicious now that this money will accumulate, she can get half as per a divorce and then claim child maintainence backdated thus resulting in me paying more. How doers it work and what can I do.

I can not see logically why she would do this?

karenx

Has she put in a claim with the Csa? Or did you just look on the website and see how much you should pay? Arrears won't be adding up if there's no claim with the Csa. So don't worry too much about that!

johnnyl

karenx wrote: »

Has she put in a claim with the Csa? Or did you just look on the website and see how much you should pay? Arrears won't be adding up if there's no claim with the Csa. So don't worry too much about that!

I just looked it up on the website.

As far as I know there is no claim. I have offered the child maintainenece as per the calc and also my half of the mortgage payments until we sort this out. She is not interested in discussing it.

What I am bothered about is if there is a claim on going, Im accumulating cash because Im not paying my way then this gets divided between us as if it is an asset and then I get a back dated claim coming through. I get hit twice then.

Is there any logic for her not to take this money?

It is inconcievable that she will just claim lots of money off the state and that I will be left alone.

karenx

If there is a case you would know about it as they would of wrote to you.

kevin137

Set up a claim yourself with the CSA, then the divorce cannot take into account child maintenance...

If you don't and it is part of the settlement, the court could order part of the property as long term settlement and 1 year and 1 day later she could go to the CSA as well...

If there is a CSA claim already in place they cannot...! So phone them yourself...!

johnnyl

kevin137 wrote: »

Set up a claim yourself with the CSA, then the divorce cannot take into account child maintenance...

If you don't and it is part of the settlement, the court could order part of the property as long term settlement and 1 year and 1 day later she could go to the CSA as well...

If there is a CSA claim already in place they cannot...! So phone them yourself...!

Let me just clarify this to see that I have this right.

If we legally separate, and agree a financial deal that is sorted by soliciters and (if required) a court then this can include child maintainance but then you can get billed again by the CSA? That can not possibly be right?

Also, if we have a legally binding agreement surely this negates the need for the CSA to be involved. Can she involve them at any time, even if we have an agreement and Im sticking to this agreement?

WYSPECIAL

By legally seperate do you mean divorce?

As part of the divorce you can agree a consent order with the court. A consent order from the court is the only one that wont leave you open to new claims. Arrangements about child maintenance can be included in the court order. If this is done then CSA wont get involved for a year.

Be wary of separation agreements or anything else that isn't a consent order stamped by the court. It could leave you open to futher claims.

johnnyl

WYSPECIAL wrote: »

By legally seperate do you mean divorce?

As part of the divorce you can agree a consent order with the court. A consent order from the court is the only one that wont leave you open to new claims. Arrangements about child maintenance can be included in the court order. If this is done then CSA wont get involved for a year.

Be wary of separation agreements or anything else that isn't a consent order stamped by the court. It could leave you open to futher claims.

Im confused now though.

If I get a divorce and a court order and within this it accounts for what is required to maintain my children then how can the CSA get involved at a later date. Surely the court has decided what I owe to maintain my children.

Does this mean I could pay what the court says PLUS what the CSA says?

PreludeForTimeFeelers

johnnyl wrote: »

Im confused now though.

If I get a divorce and a court order and within this it accounts for what is required to maintain my children then how can the CSA get involved at a later date. Surely the court has decided what I owe to maintain my children.

Does this mean I could pay what the court says PLUS what the CSA says?

No - the court order would stay in place for a minimum of a year and a day. After this point either party could go to the CSA and apply for a case to be opened. This case would cancel any court order for child maintenance, although it takes two months and a day for the court order to be superseded. You would have to pay that up until the Csa case kicked in.

WYSPECIAL

Courts do not have jurisdiction for Child Maintenance the CSA does. If you agree CM with ex the court can include it in a consent order but they cannot force an order. If you can't agree then you have to use the CSA.

If you do agree then change your mind you have to go to the CSA but they wont take the case on until court order is at least a year old. Their assesment will then supercede the court order.

Mojisola

In the meantime, open another account and put the money you would be giving her into that. If you do get hit with a demand for back payments, you will have it. Otherwise, you can choose how to spend it on your children.