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Support agreement (of sorts)

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HI All

I have an 8 year old daughter.
She was born out of wedlock and I do not appear on the birth certificate.
The mother has been unemployed for many years

I have agreed to pay maintenance to the mother (by private agreement) and have done so in cash for the last 8 years (and have been very fair when the mother has required either early payment or advances)...

My question is:-
If I ask her to take payment by standing order into her bank, and she decides she doesnt like the idea, and throws me to the CSA (who havent been involved so far) will I have a problem with them trying to get back payments even though I have had a workable private agreement with the mother??

Comments

  • krashovrload
    krashovrload Posts: 167 Forumite
    Part of the Furniture Combo Breaker
    ++

    Surely claims can only be valid from the date that the PWC contacts the CSA..??

    If she is getting them involved - I'd think twice about paying anything further until they sort things out... If you do pay anything make sure that she signs to say it's for maintenance (I think they'd have to acknowledge that.?)

    ++
  • antdon
    antdon Posts: 232 Forumite
    Part of the Furniture 100 Posts Name Dropper
    ++

    Surely claims can only be valid from the date that the PWC contacts the CSA..??

    If she is getting them involved - I'd think twice about paying anything further until they sort things out... If you do pay anything make sure that she signs to say it's for maintenance (I think they'd have to acknowledge that.?)

    ++

    I havent even suggested paying her by standing order yet....

    My concern is that she has probably told the dole she doesnt know the father to get increased dole support.... (I dont know)

    I have been thinking I should have some proof that I have been making payments. BUT, the agreement has work ok for 8 years...
    Am I just going to rock the boat?

    Also I dont want to pay the maintenance for 17 years and suddendly have either the dole or the CSA coming after me syaing that I have not made any payments and I owe maintenance for 17 years
  • RAS
    RAS Posts: 35,554 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Under the current rules her benefits are not affected by any income from child maintenance (they were affected when she started receiving it which was why she wanted cash).

    Benefits would be affected if you were making regular payments for anything other than child maintenance so she might be better off if she got the SO which indicated clearly the purpose of the money.
    If you've have not made a mistake, you've made nothing
  • antdon
    antdon Posts: 232 Forumite
    Part of the Furniture 100 Posts Name Dropper
    edited 10 May 2013 at 3:19PM
    Thanks for the replys...

    My concern is that if she told the dhss that she didnt know who the father was (to get extra benefit and not involve the CSA). They might then come after me for the CSA payment levels applicable at the time (8 years ago)

    If I marked the standing order as 'Child Maintenance' could this flag up my involvement to either the dhss or csa....

    I would love to be able to proove my payments but it could finish up costing me a lot more in fines etc...???
  • antdon wrote: »
    Thanks for the replys...

    My concern is that if she told the dhss that she didnt know who the father was (to get extra benefit and not involve the CSA). They might then come after me for the CSA payment levels applicable at the time (8 years ago)

    If I marked the standing order as 'Child Maintenance' could this flag up my involvement to either the dhss or csa....

    I would love to be able to proove my payments but it could finish up costing me a lot more in fines etc...???

    She won't get any more money if she tells them whether she knows who the dad is or not - benefits aren't affected by child maintenance.

    You can't be liable for any money due without the CSA involvement - you're currently not legally responsible for paying anything at all, so anything you do pay is a bonus (essentially). Obviously as a responsible father you want to do right by your kid, and are paying anyways, what you've currently got is essentially a private agreement.
  • DeeDee74
    DeeDee74 Posts: 2,941 Forumite
    Part of the Furniture Combo Breaker
    antdon wrote: »
    I havent even suggested paying her by standing order yet....

    My concern is that she has probably told the dole she doesnt know the father to get increased dole support.... (I dont know)

    I have been thinking I should have some proof that I have been making payments. BUT, the agreement has work ok for 8 years...
    Am I just going to rock the boat?

    Also I dont want to pay the maintenance for 17 years and suddendly have either the dole or the CSA coming after me syaing that I have not made any payments and I owe maintenance for 17 years

    :p most bazzar that you think your ex will get more money on benefits if she says she doesn't know who the father is??
    Ignore reality.There's nothing you can do about it.
    I have done reading too!
    personally test's all her own finds
  • kevin137
    kevin137 Posts: 1,509 Forumite
    DeeDee74 wrote: »
    :p most bazzar that you think your ex will get more money on benefits if she says she doesn't know who the father is??

    It used to be the case, that to claim, the benefits agency would in fact insist on the name of the father (unless violence had occurred) for the claim to be paid, the benefits agency would then take all but £5 of the CS for themselves and the PWC would be left with benefits + the £5

    So it was indeed common for PWC's to state that they did not know the father so they could claim in cash under the threat of CSA and the PWC could keep all the cash... Or in real terms COMMIT FRAUD...!!!

    This changed a few years ago, and is no longer in affect, and the PWC does indeed keep all the money as well as benefits, with the added bonus of CSA not being means tested, so you could claim benefits while receiving £1000 a month in CS...!!!

    So is it bazaar...??? No it's not... ;)
  • DeeDee74
    DeeDee74 Posts: 2,941 Forumite
    Part of the Furniture Combo Breaker
    edited 12 May 2013 at 12:54PM
    kevin137 wrote: »
    It used to be the case, that to claim, the benefits agency would in fact insist on the name of the father (unless violence had occurred) for the claim to be paid, the benefits agency would then take all but £5 of the CS for themselves and the PWC would be left with benefits + the £5

    So it was indeed common for PWC's to state that they did not know the father so they could claim in cash under the threat of CSA and the PWC could keep all the cash... Or in real terms COMMIT FRAUD...!!!

    This changed a few years ago, and is no longer in affect, and the PWC does indeed keep all the money as well as benefits, with the added bonus of CSA not being means tested, so you could claim benefits while receiving £1000 a month in CS...!!!

    So is it bazaar...??? No it's not... ;)
    I think your confused 2.... at no time has the benefit agency gave single parents who dont know who there baby daddy is any extra money!!! Which is what the op is saying ..
    $5 is the standard payment taken from none resident parent, if nit working claiming jsa..if u dont name them who thay gona tak it from????
    Ur in about 2 about a system that changed 2 3 years ago... the op thinks the pwc gets more dole money as he put it because she hasent name the farther of her child which is wrong and has allways been wrong.
    Ignore reality.There's nothing you can do about it.
    I have done reading too!
    personally test's all her own finds
  • kevin137
    kevin137 Posts: 1,509 Forumite
    Well it IS extra money if you believe that the CSA still take the CSA isn't it...?

    So you claim you do not know who the parent is, way back when, and you keep the money, but if you are not aware of the changes then you would still believe this to be the case...!!!

    And there are LOTS of people who do not know this, especially those that have not been in the benefit system for a while...!!!

    It sounds like the OP still believes that the CSA take there cut as well...! So my point if what you would expect, she sees it as extra money, and he is concerned that they may come after him for the arrears...
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