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Child now living abroad. CSA still threatening

Hi. I am looking for advice regarding my ex partners csa claim.

Basically my ex moved to south africa with my son 2 years ago. I only found out about this 6 months ago as I have not been in contact with my son. When I found out they had moved I notified csa and they said they would look into it. I left it a month and didn't hear anything so I cancelled my weekly payment to them as it was my understanding that I didn't have to pay if my son was not living in the uk. Now I keep getting phone calls and threatening letters from csa saying they are going to take me to court etc. I have phoned them several times and tried to explain it but they just say prove it. Apparently the problem may be occurring because she has not cancelled her child benefit claim. I have also contacted the benefits office and they said they will look into it but can't give me any information.

Please help. I don't know what to do next. Thanks.
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Comments

  • Caz3121
    Caz3121 Posts: 15,875 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Whilst CB is in place, CSA will still chase you. Unless she fits certain criteria she is not entitled to claim child benefit so you may have to report the fraud
    Unless you're a Crown servant posted abroad, you can’t get Child Benefit if you live or work in a country outside the EEA, or Switzerland.
  • Hi. I have reported her before and tried again this morning but they can't tell me anything ( I don't mean her personal information or claim information. I mean a reference saying they are investigating her or something). I have phoned the csa to tell them I have reported it but nothing is being done. They just say what you said about child benefit being claimed.

    Don't know what to do next
  • RAS
    RAS Posts: 36,156 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Contact your MP ASAP. They sometimes wake up then.
    If you've have not made a mistake, you've made nothing
  • wayne0
    wayne0 Posts: 444 Forumite
    edited 7 January 2013 at 3:53PM
    but: whether or not the child lives abroad you still need to make contributions towards their upkeep. whether or not legally enforcable by the CSA...

    perhaps you should explain to your EX the position in legislation and get her to cancel the claim based on what you will ammicably pay her...

    Just because the PWC moves, it doesnt remove the childs right to support. (and you state you have had no contact with child too?)

    infact if the child has moved to SA with mother then chances are the upkeep of the child is increasing... as there is no nhs or w/e...

    also, child benefit can be paid for up to 52 weeks on a temporary leave from the uk...

    this means that if the mother comes back for a month a time each year, she could continue to get CB...

    but whilst this is going on, DO NOT PHONE THEM. keep a copy of EVERY LETTER you send to them with the RECORDED DELIVERY RECIEPT attached.
    you will find 90% of your call is not logged. and no arguing with a letter you have sent to them.
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi. I am looking for advice regarding my ex partners csa claim.

    Basically my ex moved to south africa with my son 2 years ago. I only found out about this 6 months ago as I have not been in contact with my son. When I found out they had moved I notified csa and they said they would look into it. I left it a month and didn't hear anything so I cancelled my weekly payment to them as it was my understanding that I didn't have to pay if my son was not living in the uk. Now I keep getting phone calls and threatening letters from csa saying they are going to take me to court etc. I have phoned them several times and tried to explain it but they just say prove it. Apparently the problem may be occurring because she has not cancelled her child benefit claim. I have also contacted the benefits office and they said they will look into it but can't give me any information.

    Please help. I don't know what to do next. Thanks.

    So re-instate the contributions, you don't make the rules, you just have to abide by them :o
  • Thanks for the replies.

    Firstly, I am not trying to get out of paying. I have paid for the past 15 years. I just want to make sure my son/my ex actually get any money I pay. If I re-instate the contributions will she get the money I pay as she is living abroad or will the csa keep it?

    I could get in contact with her and offer to pay her direct but as she took our son out of the country without asking me I don't trust her.

    She is still claiming child benefit and as far as I know she doesn't come back to the UK so surely that is a fraudulent claim but how do I sort it out. Thanks in advance
  • kevin137
    kevin137 Posts: 1,509 Forumite
    Do you have parental responsibility...? And did you ever have an access order...???
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thanks for the replies.

    Firstly, I am not trying to get out of paying. I have paid for the past 15 years. I just want to make sure my son/my ex actually get any money I pay. If I re-instate the contributions will she get the money I pay as she is living abroad or will the csa keep it?

    I could get in contact with her and offer to pay her direct but as she took our son out of the country without asking me I don't trust her.

    She is still claiming child benefit and as far as I know she doesn't come back to the UK so surely that is a fraudulent claim but how do I sort it out. Thanks in advance

    It surprises me how many ex's know their ex's business, thing is you contribute and that is your part played.
    If she is on the fiddle don't worry about it, concentrate your energy's on seeing your child if that is your main goal, that's worth more than the money ain't it?
    Me? I used the reverse , pay and go, they end up having to grovel back :o
  • wayne0
    wayne0 Posts: 444 Forumite
    edited 7 January 2013 at 10:00PM
    good point kevin... but as OP said he didnt know that child had moved until a few months ago, i took it that he has had no contact with child...

    whilst a parent with PR should give permission for child to live outside of country, is it fair to expect such permission if the NRP isnt attempting any contact ETC any way.
    (if NRP was attempting contact, surely it would of been realised PWC had moved long before 18 month)

    to op: ensure you have proof that you have notifed the CSA that PWC has left the country. when it is proved that PWC has left the country that date will be the end of the assessable period.

    FYI: if you owed any more for period (i believe) pre 2010 (or is it 2008?)
    then you will owe the money to the sec of state, not the PWC, so the money will still need repaying, and therefore payments might not stop immediately.

    a PWC can write the debt off for you if they choose to, but you wont have any such luck with the SOS.
  • kevin137
    kevin137 Posts: 1,509 Forumite
    wayne0 wrote: »
    whilst a parent with PR should give permission for child to live outside of country, is it fair to expect such permission if the NRP isnt attempting any contact ETC any way.
    (if NRP was attempting contact, surely it would of been realised PWC had moved long before 18 month)


    a PWC can write the debt off for you if they choose to, but you wont have any such luck with the SOS.


    It is fair yes, you have a legal obligation to anyone with parental responsibility to notify them of a change of such a nature, anything other than notification is unlawful, but not very important it seems to a lot of PWC or the authorities...

    A parent with care cannot write off the debt, they can only say they do not want it collected currently is my understanding, to wipe it, they would have to sy it has been received in full and then it is taken from the system, but it means they are actually saying it has been paid, slightly different to having it wiped, as if they say don't collect it stays on the books and can be collected at a later date...
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