Child Maintenance Arrears

ETHRISK84

Hi All
I am just after some advice regarding the above. In 2010 my ex partner asked me if he could pay maintenance through a private arrangement. This was because the CSA told him he would have to pay more than he could afford due to debts. I agreed to this. At that time he in arrears of about £700. CSA asked if I would like them to collect the arrears during this private arrangement. I told them no as I was aware he was in some debt and could not afford to pay it just yet.

Anyway from 2010 to now he has been paying me through private arrangement. However, for 9 months last year he did not pay any maintenance (because he had input the wrong account number and I didn't realise he hadn't been paying). He apologised for this and said he couldn't pay it all back right away but said he would pay a little more each more to pay it back. However, again this year he hasn't paid for 3 months of this year (because he didn't have enough money in his account when the DD went out). He again apologised and said he would pay a lump sum at the beginning of this month to pay some of it back and then again add the rest to his arrears. He did not pay the lump sum this month.

I therefore informed him I did not feel I could trust him to pay on time anymore and feel the CSA need to get involved. I contacted the CSA today and the case is being assessed. However, when I asked about the arrears he had made up and how I go about getting that back they said they were unable to get any of it back from him because we had chose to have a private arrangement. She explained they would be able to take into account the previous arrears (£700) but nothing more.

Does anyone know how I would go about getting him to pay the outstanding arrears? It is a fairly large sum of money (approx £1300). I feel aggrieved because I have always been fair with my ex partner and have always allowed him to reduce payments in the past because of his debts. I am worried I won't ever see the money he owes which has caused me to go substantially overdrawn.

Any advice would be appreciated.

Many thanks and thanks for reading.

Errata

However, for 9 months last year he did not pay any maintenance (because he had input the wrong account number and I didn't realise he hadn't been paying).

Clearly the money has gone somewhere, so what attempts has he made to get it back? Why didn't you notice he wasn't paying you for 9 months - that's a pretty substantial length of time.

ETHRISK84

It was because it was going into a separate account used for bills and I hadn't kept an eye on it. I only noticed when I was contacted by my bank because it was overdrawn. Error on my part for not checking it enough but he didn't give me cause to doubt he wouldn't be paying.

He said when he spoke with his bank he found out that the money was being taken out of his account but then put back into his account because no one had the account number he was trying to send the money to. I questioned why he had cancelled the DD in the first place causing him to have to start it up again (this time putting in the wrong account number). He told me he was told to by a debt company but didn't to into it further.

Errata

He's either fekkkless or spinning you a line, or both.

ETHRISK84

Probably both and I have been rather naive.

DUTR

Errata wrote: »

He's either fekkkless or spinning you a line, or both.

Was my thoughts when I read the 1st post, his problems are no longer the OP's.

ETHRISK84 wrote: »

Probably both and I have been rather naive.

Yes indeed, deal via the CSA, he won't forget and make excuses so often.

Sensemaya

Take him to the small claims court and sue him for breach of contract.I haven't got the link to hand but search this forum under private agreement or posts under my name.

Did you have anything in writing?

But given an DD was set up that is proof enough.

I had to go through the SCC in the end you know...and got the money, interest and costs.

Edit:

Links-

http://www.resolution.org.uk/editorial.asp?page_id=335

https://www.moneyclaim.gov.uk/web/mcol/welcome

Now you must be strong. Write him a letter giving him -let's be generous- 14 days to pay up IN FULL, otherwise you will have no alternative but to take him to the SCC.

Don't give in when he starts pleading down the phone etc or he might just ignore everything and then you go for a default judgement...

He has messed you around so stand your ground.

Cally_Smart

That is very interesting. We should have gone to the SCC as soon as we had notification of her claim from the CSA that we hadn't been paying CM direct. We obviously have proof that we had a monthly dd set up for many years & she was taking it with out any problems,we could have proved to the SCC that there were no outstanding debts,the family home was sold,she took thousands in settlement from the divorce etc She may even have decided to drop the case knowing she wasn't telling the complete truth .I'm sure the CSA say we can get you this amount if you say that to the pwc etc etc Our household has gone without a lot to provide for her once (as it should be in a situation where te nrp has had a previous family)But this is beyond a joke having 'arrears' made up against us.The stress for my husband & myself has been unbelievable we went from having the children every weekend for years to the pwc totally alienating them from us a couple of years ago !The CSA make you feel their way is the only way & are very difficult to get justice with! Still,it's with the MP now we can only wait & see what happens !

cheltenhamgal

To be honest I don't hold out much hope you will ever get those arrears back, if he could barely pay the original sum he isn't going to be able to pay a lump sum. Plus if you didn't miss the money for those 9 months........

shegirl

So you didn't miss the money and he didn't realise it had gone back into his account?Seriously?

I'm guessing it wasn't much if neither of you noticed!

I wouldn't hold my breath on a lump sum or any form of arrears.

ETHRISK84

I don't hold my breath in getting it back but think I will have to discuss with him about how he intends to repay. I don't think he could pay a lump sum and I wouldn't want to put that kind of stress on his family especially this time of year.

The money was put into a bills account and I was unaware it was getting overdrawn due to him not paying (due to my lack of checking as I didn't have internet banking set up). It was a error on both parts but as I am having to pay interest on the overdraft I feel I am paying my fair share of the error.

I will keep the SCC in mind though if he refuses to arrange some way of paying it back.

Thanks for the help Sensemaya