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breach of court order

nadgered2010
Senior Member

16 Oct 13 #410408 by nadgered2010

Reply from nadgered2010

AS child benefit and csa payments are an an award of the state or state controled payment not a claim against the income of an ex i cant see how a court could sign these rights away permenantly I thought that despite any court order after a year you could apply to csa anyway and child benefit goes to the person with the child and if a child is not resident then to claim it would be regarded as fraud?

nadgered2010
Senior Member

16 Oct 13 #410410 by nadgered2010

Reply from nadgered2010

oops dont no why duplicated post

kinghenry
Posted by
Junior Member

16 Oct 13 #410411 by kinghenry

Reply from kinghenry

The court order states
"And upon the Petitioner undertaking to the
respondent and the court he will not seek a transfer of the Child Benefit in relation to either ot th children of the parties William* and Kate* from the respondent to him"

Names of children changed to avoid identification of the poster''s children

kinghenry
Posted by
Junior Member

16 Oct 13 #410413 by kinghenry

Reply from kinghenry

The court order states"And upon the Petitioner undertaking to the respondent and the court
he will not seek a transfer of the child benefit in relation to either of the children of the parties from the respondent to him"

u6c00
Platinum Member

16 Oct 13 #410414 by u6c00

Reply from u6c00

Well you''ll need to write to HMRC anyway, as the family court don''t have the power to order HMRC to transfer the child benefit back to you.

Breach of an undertaking can result in a fine, a community service order or a prison sentence.

nadgered2010
Senior Member

16 Oct 13 #410416 by nadgered2010

Reply from nadgered2010

ultra vires is that the phrase? I still dont quite grasp this say the children then live with the other party the benefit could not be claimed legally by the previous resident parent but the new resident parent is banned from claiming?

WhiteRose
Moderator

16 Oct 13 #410417 by WhiteRose

Reply from WhiteRose

Yes, I don''t get it either - what if both children decided to live with your ex permanently - As the CO stands - they could both live with him, yet he would be unable to claim CB for them?

I think anything beginning ''And Upon .......'' is a Recital - an undertaking for something a Court can not order.

Moderators: wikivorce team, rubytuesday, dukey, hadenoughnow, Tets, Shezi, Linda Sheridan, Forseti, Mitchum, WhiteRose, Lostboy67, WYSPECIAL, Bubblegum11

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