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What are my rights, X is like a financial spounge

  • Fiona
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01 Jan 10 #172780 by Fiona
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What happened in the past is irrelevant I'm afraid. CM cannot be back dated, liability only starts from the first time the CSA contact the non resident parent.

Under CSA rules CM is payable for children under the age of 19 (rising to 20 in the next year or so!) in non advanced education ie those courses which are no higher than A Level standard.

However, when the CSA can't get involved children over 18 in education or training may apply to courts for maintenance from parents in their own right.

  • Mullins
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01 Jan 10 #172817 by Mullins
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Fiona wrote:

What happened in the past is irrelevant I'm afraid. CM cannot be back dated, liability only starts from the first time the CSA contact the non resident parent.

Under CSA rules CM is payable for children under the age of 19 (rising to 20 in the next year or so!) in non advanced education ie those courses which are no higher than A Level standard.

However, when the CSA can't get involved children over 18 in education or training may apply to courts for maintenance from parents in their own right.


So reading what i have posted where do i stand? My daughter at college spent the last 2 years taking maths and english etc at college because she couldnt be bothered to go to school, i get countless letters even now from college about her poor attendance.
She has told me herself she is the for the £30 pw (as are an awful lot of them) gone are the days when we wanted to better ourselves.
She has not had the £30 sinse october, we dont know if its attendance as she cant be bothered to go to the office to find out.

I think this is all part of my gripe here, she is similar to her mother, where as im self employed, work hard and enjoy my work, i dont want to bail those out who dont want to help themselves.

  • nbm1708
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02 Jan 10 #172826 by nbm1708
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Mullins wrote:

The charge on the house was done by solicitors and not mediation. If we have agreed an amount im guessing that without proper approval none of us are tied to it?
I know for a fact that if i got a solicitor to draw up an agreemant that she would say no, she would go to the CSA to see if she get get more before signing any paper.

When i pay here the 20K charge, surely she cant claim income support etc and therefore the csa dont get involved? I did notice in the paper work that 8K i gave her a while back (part of the agreement) was limited to 8k so it would not effect her benefits.


The reason I asked about the Consent Order is because as far as I'm aware if it's not signed by the court then everything is still up for grabs so to speak. If I'm correct a consent order when two parties divorce has to go to the court for their official stamp not just be drawn up by the solicitor. Mine didn't go this way as my ex wanted everything and then some which is why I'm not 100% sure but it might be worth checking out as the last thing you want is to pay out £20k and find it means very little as everything is being revisited including everything you've built up since.

With regard to the £20k as this is over the £16k usually allowed for savings your ex would need to disclose that to the benefits office as if affects her claim.

www.csa.gov.uk/en/about/faq/on-benefits.asp

I believe the claim for the CSA will have come from your ex rather than from the DWP however it won't vastly benefit her as although she will keep the CSA money the DWP are notified and they in turn reduce the amount of benefits she can claim after the first £20 of CSA.

T

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02 Jan 10 #172830 by nbm1708
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www.cmoptions.org/en/pdfs/Getting%20Started.pdf

I've had a read through this on the child maintenance site for the CSA and Page 19 deals with benefits and there is nothing which states your ex has been forced to go to them because she's on benefits. It states that either a private agreement or a csa agreement can be done for child maintenance but in both cases as it counts as income it should be disclosed to the DWP.

T

  • penny10p
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02 Jan 10 #172865 by penny10p
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It appears to me that nothing has been sorted and sealed legally and that you are being taken for a mug by your ex and daughter! Could you not just stop paying now and leave it up to your ex to go through the hassle of claiming through court? If your daughter can't be bothered going to college in order to get her £30 it seems unlikely she would have the energy to make a claim in her own right!

  • Elle
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02 Jan 10 #172875 by Elle
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Mullins,

I am in agreement with penny here...wont give you closure/pom but stepping back will perhaps show the actual intentions, if any, of ex and D.

E

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