Is it possible to claim back Child Support for years missed?

happymumto2

This may be a daft question, but is there any legal way of claiming child support that was never paid?

Brief history NRP paid a sum of £120 a month for my DD (was entitled to far more through CSA, but as I had a better job, did not feel the need to take him for every penny). This was paid from 2000 until Aug 2004, when he started a course and claimed he could not pay anything (he received a bursary and was also working 20-30 hours a week in his old job and his new wife was still working full time).

My family harped on about going to the CSA, but would consider myself a fair person, and while I was by no means well off, I could manage so just let it go. He qualified in Sep 2007 (at this point was on double his previous earnings), from Oct 2007 he started paying the £120 a month again, I did broach the subject of an increase which was promised, but never happened.

My circumstances changed a short time later and I had to stop working and rely on benefits, still payments remained the same. And at times we have and still do struggle, anyway last September DD finished school, the only 6th form school is 20 miles from me, but only 1 mile from him (the college where I am did not do the A Levels she wanted to do), so it was decided she would stay at his house on school days.

So life carried on, until date of September payment which never arrived, on questioning was told "she lives here half the time so I don't have to pay". Personally I did feel it was underhand given that I had gone 3 years without any payments and now I was on benefits and he had a good job, but said ok. A few days after that received a letter from Child Benefit as he had put in a claim for that (again out of the blue nothing had been mentioned).

Spoke to him again and apparently "he had worked out from the council school timetable, that DD will have slept at his 185 days over the year and at mine for only 180 so he will be the resident parent and is entitled to it". Totally mortified as I hadn't realised the impact it would have on us as I hadn't counted specific days! I informed child tax credits that day and had a 3 week overpayment so they are taking that weekly from amount I receive for DS.

Is there any way via legal means that I can claim for the 3 years money I didn't receive as I don't believe you can get backdated payments through CSA (or whatever it is called now). Has got to the point where I am having to borrow to cover mortgage payments etc. This may sound bitter but I am, as even when he was on his course he was receiving more money than I am now, and when I could have taken him for maximum pennies I didn't!

justontime

I don't think there is anything you can do about it. Unfortunately the system is not always fair. Personally I don't blame him for having the child benefit paid to him because if he hadn't done that you could potentially have claimed for child support via CSA. Could you try to talk to him about it and ask if he would be willing to pay you a sum of roughly half of the child benefit as you both have to provide for your daughter. He may be earning more than you but that may not mean that he is financially secure and he will have additional costs because your daughter is staying with him.

happymumto2

justontime wrote: »

I don't think there is anything you can do about it. Unfortunately the system is not always fair. Personally I don't blame him for having the child benefit paid to him because if he hadn't done that you could potentially have claimed for child support via CSA. Could you try to talk to him about it and ask if he would be willing to pay you a sum of roughly half of the child benefit as you both have to provide for your daughter. He may be earning more than you but that may not mean that he is financially secure and he will have additional costs because your daughter is staying with him.

Personally I do blame him, as I didn't go to CSA for the 3 years he would not pay child support, nor did I go to CSA whne he was paying me less than a third of what I was entitled to, so why would I go now?. And when I was earning more than him I was not financially secure but had the common decency not to rip him off when I could manage without it. No offence but half of £13.40 is of no use to me, and I had additional costs when she was living with me when he would not pay. I guess some women have scruples and morals while some men do not.

And thanks to the person that PM'ed me, shall definitely be doing that this week, thanks for the kind words as yes I could have taken him to the cleaners for years before and after my career but never did so you're right to claim £13.40 week knowing you paid nothing for years and minimal after that is not nice.

shoe*diva79

There isn't anything you can do now. You could have opened up a CSA case and had hi pay you direct at the time. That wouldn't have been taking him to the cleaners, it would have been him supporting the financial cost of raising his child.

He is entitled to claim the child benefit now, which also means he could put in a claim for child support via the agency. Just so your aware...

justontime

Just a thought, you mentioned another child, is this the father of both children? If so you could make a claim for claim child support in respect of that child.

CSAworkerx

No, Unless you had an open case then no e/d was set, meaning no monies are due because he wasn't notified of a claim, reading ure story, i feel for you, but its all to common.

happymumto2

shoe*diva79 wrote: »

There isn't anything you can do now. You could have opened up a CSA case and had hi pay you direct at the time. That wouldn't have been taking him to the cleaners, it would have been him supporting the financial cost of raising his child.

He is entitled to claim the child benefit now, which also means he could put in a claim for child support via the agency. Just so your aware...

Have been told via PM that I can put a claim in through the courts as I didn't think I could via CSA, whether I can or not I will have to see after going to see a solicitor, which they advised me to do.

I am aware that he can put a claim in for child support now but given I am on ESA I believe that would be around £5 per week, though given how disgraceful he has has behaved he may well do it!

I didn't go to CSA as I am I think, a kind person and could manage although I knew I was entitled I didn't want to cause him hardship, seems it doesn't work the other way round.

But to be so calculating as to count days after someone has been decent to you and didn't chase payment I do think is awful. I paid for her school uniform as he wouldn't, I had to borrow to pay for her text books as when DD asked him, he told her to go to the town library which don't stock them! All her art materials I paid for as he wouldn't, I do all her washing and ironing, the only thing he does is give her 4 dinners a week during term time, and wash her bedding! If she was here a couple of times a month it wouldn't be so bad, but after everything I let him off with for the sake of 3 days a year he's quite happy to see me on the street!

happymumto2

justontime wrote: »

Just a thought, you mentioned another child, is this the father of both children? If so you could make a claim for claim child support in respect of that child.

No he's not, I obviously don't make good partner choices :rotfl:, DS is younger and was disowned and disputed when he was diagnosed with disabilities. For want of a better word his "donor" (which I did go through CSA for as he was not nice to DS or myself) gave up his job when I got my award and given he had 2 other children after he suddenly retired at the age of 32 I was offered something around £1.65 a week. He does work on sly and I did inform them, and also when he sold a property and received a lump sum I informed them it was around 40k, but as it was less than can't remember figures but think it was 65k back in 2005 they said that sum did not factor into anything.

justontime

I really feel for you and I wish I could give you some practical help. Clearly you are doing most of the support and 'parenting' for your daughter. You obviously want her to get the best possible education, but is there any way that you can work things out to get the total of nights back in your favour. It is a very small difference in nights, so I just wondered if it may be possible to do that. It would be risky as he may then decide that he can no longer have her staying with him in term time, but I thought I would mention it.

Mojisola

happymumto2 wrote: »

My family harped on about going to the CSA, but would consider myself a fair person, and while I was by no means well off, I could manage so just let it go.

This may sound bitter but I am, as even when he was on his course he was receiving more money than I am now, and when I could have taken him for maximum pennies I didn't!

You should have listened to your family. It was your choice not to go to the CSA. You can't change that now.

I don't know why you being a "fair person" would think it was fair to deny your child the extra money that her father should have been paying.

As others have said, once he is getting the CB, you could find yourself paying CM to him.

flutterby_lil

How bl00dy awful what a twit! You sound like a very good and fair person, you have morals, he obviously doesn't.