Father never paid Child Support

bee498 · 13 February 2018 at 5:08PM

Hi there,

Could anyone give me a bit of advice. My parents split up when I was 2 years old, and my father paid CS until I was 8. When I was 8, my mum got married again, and she told my father to put the CS into a fund for me to get when I was 18 or 21. He agreed, and nothing was spoke about it again. When I turned 18 (I'm nearly 20 now), I asked him about it, and he told me he started paying into the fund when I was 13, but it wouldn't pay out until I was 23, and it was only going to be a fraction of the amount that he would have paid in CS.

Can anyone help?

Thanks Bee

sfm82 · 14 February 2018 at 12:26AM

I don't understand what you need help with...Do you think your father should have paid more into the fund?
I don't think there's much you can do about the size of the fund tbh it is what it is.

NotSuchASmugMarriedNow · 15 February 2018 at 9:08AM

As a PP said - what do you need help with? It isn't really clear what you're asking for.

Mimi_Arc_en_ciel · 15 February 2018 at 10:49AM

bee498 wrote: »

Hi there,

Could anyone give me a bit of advice. My parents split up when I was 2 years old, and my father paid CS until I was 8. When I was 8, my mum got married again, and she told my father to put the CS into a fund for me to get when I was 18 or 21. He agreed, and nothing was spoke about it again. When I turned 18 (I'm nearly 20 now), I asked him about it, and he told me he started paying into the fund when I was 13, but it wouldn't pay out until I was 23, and it was only going to be a fraction of the amount that he would have paid in CS.

Can anyone help?

Thanks Bee

There's nothing you can do. He hasn't paid the full amount but as the case would have been closed now there's nothing you can do

Your mother should have taken the CS and put it in a saving account herself.

PasturesNew · 15 February 2018 at 10:57AM

It wasn't in writing, a court never ordered he did it. There clearly was a conversation between your mum/dad about it as he did put some money in - but what that conversation contained and when it took place was never documented.

In short: there's nothing you can do about it, he wasn't legally obliged to put the money in there, it's a loose arrangement/conversation between your parents years ago.

That's life I'm afraid .... he didn't, you've "lost out", that's the way things work when things aren't done formally.... and even if he'd written a letter to your mum saying he was going to do it, it sounds voluntary.

JJWSJS8700 · 19 February 2018 at 11:23AM

Ask your Parents!!!8217; if it was an official arrangement, ~ through the CSA/Courts, then ask if it was officially closed by both.

If it wasn!!!8217;t official, you will have lost out but if it was an agreed figure by the CSA, you could see if they can collect the amount agreed. Which would be due now.

Why 23yrs.

You!!!8217;re 20yrs old, when did you leave full time education (non advanced) or have you?

bee498 · 2 April 2018 at 12:11AM

JJWSJS8700 wrote: »

Ask your Parents!!!8217; if it was an official arrangement, ~ through the CSA/Courts, then ask if it was officially closed by both.

If it wasn!!!8217;t official, you will have lost out but if it was an agreed figure by the CSA, you could see if they can collect the amount agreed. Which would be due now.

Why 23yrs.

You!!!8217;re 20yrs old, when did you leave full time education (non advanced) or have you?

Sorry I took so long to reply!! I am at university, and I live in Scotland, so the law is different slightly here. It pays out when I am 23, because my father did not do anything about this "agreement" until I was 13 years old, more than 5 years after my parents agreed on this arrangement. The money was to help support me financially when I went to uni when I was 18, but I have nothing, and he offers to help with absolutely nothing towards even books for uni.

McKneff · 2 April 2018 at 12:32AM

is there some money, somewhere that pays out when you are 23.....

Any money from your father is for your mother, for your upkeep.

your post is very confusing.

Clarify please.

Spendless · 2 April 2018 at 4:55AM

I think I understand the OP's post.

Her parents split when she was 2.

From 2 to 8 her Dad paid child maintenance to her Mum.

At 8 her Mum re-married and Dad 'agreed' with Mum to stop paying CM to her and instead put it into a savings account that would pay out when OP was 18/21.

Dad didn't do this until 5 years later when OP was 13.

When OP turned 18 she asked her Dad about the fund and learned it wasn't started until she was 13, 5 years after the 'agreement with Mum' and wouldn't pay out until she's 23 (presumably a 10 yr plan he's paying into).

The amount available when OP is 23 from what her Dad has saved, is nowhere near the amount he'd have paid to her Mum if he'd continued paying maintenance in the same way as he did till she was 8

I'm unsure why your Mum ever suggested to this if it wasn't official?. There would always be the potential for it not to happen if there was no legal obligation to do so. If this is the case AFAIK there's nothing you can do, with the caveat that you come under Scottish law (do you all live in Scotland, unsure if that makes a difference?) and it may be different there.

The other way to look at this is if your Dad had continued to pay your Mum from 8+, she might have spent the money on clothing and feeding you etc and there wouldn't be a penny coming your way aged 23.

custardy · 2 April 2018 at 6:17AM

bee498 wrote: »

Sorry I took so long to reply!! I am at university, and I live in Scotland, so the law is different slightly here. It pays out when I am 23, because my father did not do anything about this "agreement" until I was 13 years old, more than 5 years after my parents agreed on this arrangement. The money was to help support me financially when I went to uni when I was 18, but I have nothing, and he offers to help with absolutely nothing towards even books for uni.

So you are 18 and in the same boat many were/are.
however you have a bit of money coming not long after uni,nine.

Rubik · 26 April 2018 at 9:37AM

bee498 wrote: »

Sorry I took so long to reply!! I am at university, and I live in Scotland, so the law is different slightly here. It pays out when I am 23, because my father did not do anything about this "agreement" until I was 13 years old, more than 5 years after my parents agreed on this arrangement. The money was to help support me financially when I went to uni when I was 18, but I have nothing, and he offers to help with absolutely nothing towards even books for uni.

It is possible to make a claim for aliment through the courts.
Under the Family Law (Scotland) Act 1985 there is a general obligation to provide support “as is reasonable in the circumstances” by a husband and wife to each other, a natural parent to their child and a person to a child who has been accepted by him as a child of his family. This is known as ‘aliment’ and could apply equally to the situation when husband and wife or parent(s) and child live together as when they are separated. A child is defined as a person under the age of 18 years or over that age and under the age of 25 years who is in education or training. It is not only a spouse who may make claims for aliment against the other, or on behalf of a child or children, but also children in their own right may make claims for aliment against one or both parents.

Taking a parent to court for financial support is a pretty desperate measure - have you tried contacting him and asking him to help with your costs, or releasing the funds now when you you need them, rather than in another 5 years, when you will probably be working and therefore not in need of them.

Father never paid Child Support

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free