Child maintenance Question

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Discussion

Tiggsy

Original Poster:

10,261 posts

253 months

Tuesday 19th August 2014
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The initial message was deleted from this topic on 06 December 2014 at 23:48

Jim1556

1,772 posts

157 months

Tuesday 19th August 2014
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Tiggsy said:
Is that good advice???
I believe a CSA/CMEC can only begin from when the resident parent makes a claim.

One of my best mates won custody because she was a lying deceitful bh (the judge almost said this) and only recently (after 9 years) started a claim as his son will be attending college in a few years so wants her to contribute. She didn't want to contribute, avoided the CSA (which was a last resort) and is now spitting feathers as they've got an attachment to earnings order on her! Brilliant! smile

My point being, that they (the CSA) were very helpful (I know this isn't always the case), but at no point could he then ask for 9 years of back payment.

My advice would be for him to ring them (no names necessary) and ask for advice on what they can and can't do...

smile

Jon1967x

7,240 posts

125 months

Tuesday 19th August 2014
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Yes and no... I'd suggest asking for what the guidelines are and keep the CSA out of it. CSA won't get involved unless one party brings them in and they now take a rake of the money. 15% of net income, 40k a year is about £2600 a month take home depending on pension contributions and tax codes, so £400 a month payment by my rough maths is whats due. As for back dating things, bit late in my book.

Sounds like they're still up for a fight even after all these years. If they are, good luck because whats right, fair and equitable rarely plays a part in decision making.

SV8Predator

2,102 posts

166 months

Tuesday 19th August 2014
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Tiggsy said:
Is that good advice???
Why would you be in the position to offer advice?

If both parties are earning as much as you've stated, why are they turning to you?


Red Devil

13,069 posts

209 months

Wednesday 20th August 2014
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Tiggsy said:
The child with my friend is 21, kid with the ex is 14.

Now the ex with the younger kid has said "as the older has been an adult for 3 years I want maintenance of £x per month and a lump sum to cover the last 3 years"
Jim1556 said:
I believe a CSA/CMEC can only begin from when the resident parent makes a claim.
Correct. Such claims can't be backdated; only from when she first applies for it - http://www.childsupportlaws.co.uk/back-pay-for-chi...
So a CSA claim for a lump sum for the past 3 years (i.e. since the older child turned 18) is a non-starter. She can blow smoke. Of course starting a claim for ongoing maintenance for the 14 year old will be valid.

Something for Dad to consider. Is the 21 year old in higher education (e.g. at uni)? If so, a counter-claim may be possible.
http://www.separateddads.co.uk/what-age-do-child-m...

Her applying direct to a court is quite separate matter. If a claim is brought he would be very unwise to ignore it. That eventuality means he would need professional advice (see the first link above).

PurpleMoonlight

22,362 posts

158 months

Wednesday 20th August 2014
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The CSA is winding down and no longer accepts new applications.

The new government service is Child Maintenance Options. They encourage direct payment and are not obliged to collect it. If they do however, they charge the non-resident parent 20% on top of the child maintenance as a fee and also deduct 4% off the child maintenance as a fee before passing on to the resident parent.

The courts can now deal with child maintenance again I believe. Any child maintenance would likely be at the prescribed CMO rates.

The OP does not state the gender of the NRP so it could be either the mother or father making the child maintenance demand.