Taking legal action against the CSA

Bongomaise2022

Hi,

I have financially supported myself and my sons since I divorced my ex-husband 14 years ago. I had to fight for every penny from him and then gave up. two years ago, I took him to the CSA for a total of £76.40 monthly. He is self-employed and isn't entirely honest with his tax return. In August, my younger son started to have behavioural problems, and I could not control him, so it was decided that he lives with his Dad. I have a good job and have worked very hard in my career. He has now taken me to the CSA and will receive more in a month than he would give me in a year. None of the money I give him will go towards my son. My ex-husband makes him pay for his food, clothes etc. My son's money comes from me. I pay for his mobile phone and any clothes he needs and also send over food money. I need advice on this and have no idea how to stop him from receiving money or allow me to give the money to my son so he can support himself via me. 

tightauldgit

I'm not sure exactly what legal action that you plan against the CSA since they don't appear to have done anything wrong. 

If your son lives with his dad and you are the NRP then you are obligated to make child maintenance payments to his dad based on your income until he is of age that child maintenance no longer applies. 

Any other money, gifts or whatever you choose to give to your son is entirely your choice and nothing to do with the CSA. 

There is no advice we can give you to stop you having to meet your legal obligations for child maintenance. If you want to reduce your payments then all you can do is reduce the amount that you give directly to your son.

WhiskersTheWonderCat

I am guessing if you divorced 14 years ago, that your son must be in his later teens by now? 

marcia_

 Agree CSA have done nothing to warrant legal action. 

You are obligated to pay if ex is bringing him up, just stop the extra gifts you are giving your son and it will be even. 

Exodi

tightauldgit said:

There is no advice we can give you to stop you having to meet your legal obligations for child maintenance. If you want to reduce your payments then all you can do is reduce the amount that you give directly to your son.

^ this. Unfortunately, it is not within the CMS's scope to police how child maintenance is spent, nor is it even practical to do so.

This is sadly a tale old as time. The argument that "all the child maintenance goes on false eye lashes, manicures and hair extensions while the kid eats chicken nuggets!" is repeated ad nauseam.

Bongomaise2022 said:

None of the money I give him will go towards my son. My ex-husband makes him pay for his food, clothes etc. My son's money comes from me. I pay for his mobile phone and any clothes he needs and also send over food money. I need advice on this and have no idea how to stop him from receiving money or allow me to give the money to my son so he can support himself via me. 

So I'm presuming from the wording that you haven't physically paid any child maintenance yet?

If you feel you are (or will be) paying too much, then stop paying for his mobile phone/clothes seperate to this arrangement.

Similarly what do you mean by 'food money' - is this for the occasional takeaway treat, or a suggestion that he would starve if you were not sending him money for food?

"I need advice on this and have no idea how to stop him from receiving money" - if there was an easy answer to this, no-one would pay child support.

"allow me to give the money to my son so he can support himself via me" - the reason for child support is children are unable to look after themselves. I'm not sure how old he is now though, but it's irrelevant. Also this ignores the housing and utility costs a child brings, which the RP is forced into paying.