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Need some advise please

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Hello All,

I wondered if there is anyone here that can offer useful advise for my wife and I please. I am posting this on her behalf as I want to support her where I can. We got married last year and I have taken the 2 children from her previous marriage on as my own flesh and blood. Brandon is 12 and Sammy is 13 (teenager arghhhh! lol)... but lovely kids!! :D

Anyway, she broke up with her 1st husband in April 2001 and since this time, he has not given her ANY financial support at all. She got divorced on 29/05/09.

In April 2003 she applied for Job Seeker's Allowance. One part of the application was concerning child maintenance, and after completing this, the CSA started to get involved. She received correspondence from them from time to time over the period of 10 years (!!!!!) stating that they were trying to track him down etc etc. The final letter that she had from them was on 09th May 2011 stating that they were taking bailiff action and that he owed £2303.57. The court had granted a liability order against him for the £2303.57. The letter stated that the CSA would keep her up-to-date on the matter. She has not heard a thing from them since nor has she received any finance from her ex still. I think she gave up trying to get the support since this time.

I want to get things going again and I am trying to encourage her to pursue her entitlement as I am able to support her emotionally and practically and can help her to fight this.

Can anyone advise me on what the next step would be, or what I could advise her? I did think of court action but I don't know what is involved and I also recognise that she would need to initiate it as I am the step-father and not the person who is on the Birth Certificates.

Many thanks for your time and help!

Dazzy.

Comments

  • iammumtoone
    iammumtoone Posts: 6,377 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper I've been Money Tipped!
    edited 13 June 2013 at 6:21PM
    Sorry I can't offer any advise on getting the father to pay up, but suggest you take a moment to think about the consequences if you force him to pay. The bloke obviously is going to be awkward about this and if he is made to pay, is it possible he will then insist he sees the children as he will now feel its his right. You wife will have the most idea if he is the sort that is likely to do this and you like to think of the impact this will have on the children. I really depends on the possibility of this outcome balanced against how much you need the money taking into account most importantly the children.

    Sorry I have just re-read your post and you don't mention if the children see their father, it they do then of course he should be made to pay and I applaud you and your wife for not using the children against him in this situation as others might.
  • kevin137
    kevin137 Posts: 1,509 Forumite
    All you can realistically do is treat it as a hobby, i understand the frustration as you will be supporting them financially as well, and it is a little unfair...

    I am not sure how easy it is but is she writes giving you authority to deal with this, then maybe they will speak to you about the case and it's progress in the future, it's a possibility...

    But at the same time, you really need to keep a distance for your own sanity, which is why it should be more of a hobby, the reasoning is that there is no real answer, they will do what they do, and ALWAYS chase this debt while you are chasing them, under current legislation it cannot just go away, but for there to be arrears there must be an active case, and as such they will be looking but not hard...

    Request a reassessment is what i will suggest 1st, this will mean they have to look at tax returns etc to see if he can be found, if he is working... If not they will check with benefits agency etc. If nothing they will be able to do nothing... They may well find him, which will automatically mean the arrears kick back up for chasing...

    If they don't though, don't be disheartened, just request another reassessment in 6 months...

    Hope this helps...
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