Can our case be backdated?

uniqueusername_3

I'm a regular poster on here but using a different name. My OH has been paying CSA for the last 2 years. He and his ex have been split up for about 11 years. She was on benefits up until 2 years ago and so they agreed that he would pay half towards all their school, clothing costs etc and not go through the CSA. This was fine up until 2 years ago when she stopped claiming benefits. He has paid through CSA ever since. Never missed a payment. Now they have fallen out and she says he hasn't paid for last XX years and she could backdate the case and get back what she's owed. Is this true? I assumed that since the new case was opened 2 years ago that cancelled any previous case out?

He's had no warning/arrears letters in all that time and CSA have never mentioned a previous case.

mother_of_the_world

I think you should check with CSA as to whether they have received all payments due. Sounds like yet another case of sour grapes.

Did she not declare any maintenence to DWP then?

Would she like to be threatened with a visit from the fraud department?

I guess not eh.

uniqueusername_3

Well she got caught for benefit fraud which is why she started claiming through CSA. All the time she was on benefits I don't think she declared any contributions from OH. OH was assessed on new rules in 2006.

I thought that a case couldn't be backdated before the 'effective date' which would be 2006 as we have had no contact from CSA before then.

Loopy_Girl

The 'arrears' can only be counted from when the claim was initiated, which as you say was 2 years ago.

If they had a private arrangement and there was no CSA involvement then and now she is trying to back track then tough luck for her basically.:rolleyes:

Sounds like she is up to her neck in it and trying to put the frighteners on your OH.
Providing your OH has been paying the money due as per the assessment then he has nothing to worry about I can assure you of that.:o

kelloggs36

Loopy is right - don't worry!!

uniqueusername_3

Thanks you've put my mind at rest! She actually told the youngest daughter that he hadn't paid for 10 years and that she could have it backdated but she wouldn't do that because she's not nasty like their dad. She told her that he thinks it's all about the money and doesn't care about the kids!

Loopy_Girl

Little Miss Bitter there eh?!!!!:rotfl: :rotfl: :rotfl:

It's women like her that give decent P's WC - like myself OBVIOUSLY!!!!!;) - a bad name.....

Be safe in the knowledge of that. If it was me I wouldn't even rise to her - just be secure in the knowledge that she is so angry she has to make lies up.

Good luck to you and OH

uniqueusername_3

Thanks LoopyGirl.
After speaking to OH again, he says that when they first split up he DID make payments for a time through the CSA, but the payments stopped and she told him she'd sorted it. Does this change things now? I didn't realise he'd paid through them before. So could she actually tell the CSA that he didn't pay anything if she wanted to? I would have thought that if there were any arrears they would have mentioned them when the new case was opened. Surely she can't back-track now and say 'err...no actually he didn't pay me anything' if she's never told them that before??

If all he cared about was money, he'd have sold the house, given up his job and moved into a council flat!

As you can tell it's keeping me awake at these ungodly hours because it all keeps tumbling through my mind.

Yes she sounds very bitter! We've never involved the kids with what goes on with the CSA before.

mute_posting

OP I don't think they would have done a CS2 assessment (2006) if the case was still live (or outstanding) from a previous assessment on CS1

uniqueusername_3

I didn't think so. If, like you say, the case was still live, then they wouldn't have re-assessed him on CS2. I just wanted to get my facts right before we straighten it out with DSD. We feel that now her mother has said all this to her that it's only right she hear both sides.

SuziQ

Unique,just be careful what/howmuch you say to her. We were told by a psychologist that the reason my husbands ex stopped contact initially was her annoyance that we ad 'put the kids right' on some of her lies.Having found out that nothing drastic happened to her if she stopped contact,she continued witholding contact,then found another partner who wanted to be 'daddy'. We wasted almost £30,000,as I have stated elsewhere, trying to reinstate contact,and he hasn't seen them now for over 3 years,they don't even write or phone and the only contact he is allowed is to send a birthday and christmas card.
Wherever possible,always try to preserve the relationship with the PWC,even if you have to bend over backwards,grit your teeth etc.Even then they may stop contact but statistically it's less common. We were also told by the pyschologist that we should have sat down with her and asked what she wanted. This wouldn't have worked once she met the control freak from hell she later married,but may have done preceding that.