squabbling parents!!!

JED1988

Hi All,

This is a bit of a weird one but wondering if I could have some help...

I had a phone call from my mother last night advising me that she had received a letter from the CSA advising her that they are moving to a new system and following recalculations, she owes my father £3600 for when I lived with him.

This morning I have seen my father and he said he had received a letter from the CSA advising him that they are moving to a new system and following recalculations, he owes my mother £4300 for when my brother lived with her during the same time periods.

It's worth mentioning that these figures are relating to when I was between the ages of 14 and 18.... I am now 28, and when my brother was between 13 and 17... he is now 26 (soon to be 27).
My father is wanting the situation resolved due to how long ago it is (also possibly because he owes slightly more).
My mother however is being a bit more stubborn and is adamant she doesn't owe anything, is wanting to fight the CSA with what they are saying about her and look to claim the money my father supposedly owes - it wasn't/isn't an amicable situation.

CSA are telling them both different things depending on who and when they speak to them and there is no consistent message coming across. I'm stuck in the middle trying to resolve it so that we can all just move on.
Questions are:-

1. We all live in England, do these amounts fall under the statue barred section of the limitations act, as such, if neither wishes to pay there isn't much the other can do?

2. They have both been told on different occasions that should they refuse to pay (or provide evidence as to why they shouldn't) the case(s) will be passed to a debt collector. However, my father has just spoken with them and been told that this doesn't happen and if one party wants to claim, on a case this old it would cost more to claim than it would in the amount being received so wouldn't be beneficial.
Does any one know how true these things are?

Thanks in advance, any info/help/support would be grateful.

Guest101

JED1988 wrote: »

Hi All,

This is a bit of a weird one but wondering if I could have some help...

I had a phone call from my mother last night advising me that she had received a letter from the CSA advising her that they are moving to a new system and following recalculations, she owes my father £3600 for when I lived with him.

This morning I have seen my father and he said he had received a letter from the CSA advising him that they are moving to a new system and following recalculations, he owes my mother £4300 for when my brother lived with her during the same time periods.

It's worth mentioning that these figures are relating to when I was between the ages of 14 and 18.... I am now 28, and when my brother was between 13 and 17... he is now 26 (soon to be 27).
My father is wanting the situation resolved due to how long ago it is (also possibly because he owes slightly more).
My mother however is being a bit more stubborn and is adamant she doesn't owe anything, is wanting to fight the CSA with what they are saying about her and look to claim the money my father supposedly owes - it wasn't/isn't an amicable situation.

CSA are telling them both different things depending on who and when they speak to them and there is no consistent message coming across. I'm stuck in the middle trying to resolve it so that we can all just move on.
Questions are:-

1. We all live in England, do these amounts fall under the statue barred section of the limitations act, as such, if neither wishes to pay there isn't much the other can do? - I don't believe child support can be statute barred.

2. They have both been told on different occasions that should they refuse to pay (or provide evidence as to why they shouldn't) the case(s) will be passed to a debt collector. - Oh no, not a debt collector... However, my father has just spoken with them and been told that this doesn't happen and if one party wants to claim, on a case this old it would cost more to claim than it would in the amount being received so wouldn't be beneficial. - That's possible, but unlikely.
Does any one know how true these things are?

Thanks in advance, any info/help/support would be grateful.

I'd suggest you tell both parents that they either drop it, or you and your brother drop them.


To be honest if each was looking after 1 child, then for crying out loud the expense is the same, why claim anything at all!

JED1988

I agree, when 1 is looking after me and the other my brother there should have been no claim, but, the CSA deals with things differently and as such they treat things as separate cases. As mentioned above, not amicable, mother feels she is owed money, father wants to drop it all...

Just need to understand the answers to the questions as they are biggies at the moment so thank you for this.

When mentioning Debt Collector above, meant this in the grander terminology of a Collection Agency or something like that.

Guest101

JED1988 wrote: »

I agree, when 1 is looking after me and the other my brother there should have been no claim, but, the CSA deals with things differently and as such they treat things as separate cases. As mentioned above, not amicable, mother feels she is owed money, father wants to drop it all...

Just need to understand the answers to the questions as they are biggies at the moment so thank you for this.

When mentioning Debt Collector above, meant this in the grander terminology of a Collection Agency or something like that.

Debt collectors (of any name) have no meaningful power to do anything.

JED1988

So how would they enforce a collection of the funds required if one party was looking to claim? Surely this would have to go through some form of recovery action - or would that be a court based action?

Guest101

JED1988 wrote: »

So how would they enforce a collection of the funds required if one party was looking to claim? Surely this would have to go through some form of recovery action - or would that be a court based action?

It can be an attachment to earnings, which does not require court action (unless im very much mistaken) - however a debt collector cant do this.

HoneyNutLoop

Child support isn't one of the types of debt that is statute barred by the legislation you reference.

There used to be provision within child support regulations that action to collect debts through the courts must begin within 6 years of it first being due. However, the law was changed in July 2006 removing the time limitation. This effectively means any child maintenance that became due after July 2000 will never be time barred from court action. There is no time limit to enforcing debt by deduction from earnings order, and there never has been.

The CSA no longer use debt collection agencies to collect debt. They do it all in house. If your parents work, the most likely outcome if they both want their debts paid is for them both to end up with it being deducted from their wages.

The CSA has a vast range of enforcement powers, some administrative and some they must apply for through the courts. This leaflet gives a good overview, although it was last updated in Oct 2012. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/321478/what-if-parents-don_t-pay.pdf

They could ask the CSA to offset their debts, and then your dad would just have to pay the difference between the two amounts, as he owes more.

JimmyTheWig

JED1988 wrote: »

my mother ... received a letter from the CSA advising her that they are moving to a new system and following recalculations, she owes my father £3600 for when I lived with him.

my father ... received a letter from the CSA advising him that they are moving to a new system and following recalculations, he owes my mother £4300 for when my brother lived with her during the same time periods.

Could it be that both are correct?
In which case, in effect, your father owes your mother £700.

Detroit

Guest101 wrote: »

It can be an attachment to earnings, which does not require court action (unless im very much mistaken) - however a debt collector cant do this.

No you are not mistaken. If no arrangement is made with the debt collection agency the next move will be attachment of earnings or direct deductions from benefits, no CO required.
For this reason, it can be beneficial to negotiate through the collectors, powerless or not.

There is no time limit for collection of child support arrears, though liability orders cannot be granted on arrears over a certain age, I believe. However, given the significant powers to collect the debt without requiring a CO, this is not that helpful.

OP your parents should seek advice from CAB, (seperately from two different offices to avoid conflict of interest) as this is unlikely to disappear.