Bit of a messy one

Oakdene

Hi all!

Bit of a story with this so please bare with me.

I found myself in financial trouble and ended up having to back pay child maintenance for my two angels. I set this up with the CSA and pay them monthly. I gave them three weeks ago as my payments are due to drop to normal payments and wanted to see how much it was.

Whilst chatting with them I thought id check my banding as I've had my children much more this year. The agent said I should be in a different band from the dates of contact I supplied and said they'd contact my ex to confirm and reduce my payments.

They called me to say she said I was wrong and as a result they were rejecting my claim. I have it documented on a calendar with my every other weekends and holiday contact which comfortably puts me above the 104 band.

I have to send in my calendar and any evidence (signatures in my children's school books etc) as proof.

I have two questions

A) if I'm successful will the appeal and my payments are reduced will they be 'back dated' as it were? For example my June payment goes out 1st June which will not take into account a chance of banding.

as my ex partner has lied to them will she face any penalty for her actions as she has potentially committed fraud as she has withheld information to unlawfully receive money.

PreludeForTimeFeelers

A) If they accept the change of circumstances then the new assessment will be effective from when you notified them of the change. It may take a few weeks for them to do the new calculation if there's a bit of a back and forth with yourself and your ex having go supply evidence.

Unlikely.

HoneyNutLoop

Is it possible for you to have a conversation your ex to find out why she feels you haven't had more than 104 nights care? I think some times we can all be quick to jump to the assumption that a person's motives are malicious or underhanded, but perhaps it's just a misunderstanding or a misrecollection. Maybe she's forgotten a period of care, or doesn't understand the holiday contact must be counted too. Maybe she simply hasn't sat down and gone through a calendar or hasn't kept one, and genuinely believes it isn't as much as it is.

If you rely on the CSA making a decision about who is telling the truth, unless you have some concrete, impartial evidence (I.e. not of your own hand) you're pretty much down to a coin toss. A classic he says, she says. If it's possible for you to resolve this discrepancy between yourselves, I would suggest you give that option serious consideration. Otherwise, one of you will be very unhappy within the next couple of weeks/months.

jacklink

your word against hers ? they will take hers

simples