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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33304
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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my childs father has never paid child support for my 15 year

Customer Question

my childs father has never paid child support for my 15 year old son- the child support agency have been useless in doing anything about it and have basically ignored me . Can I sue him for child support and would it be worth my while ?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What happened when you made the actual application to the CSA?
Clare
Customer: replied 2 years ago.

I have applied many times to csa - firstly they couldnt locate him, then they just let it lapse and the next time I contacted them was a few years later and they said that the case had been closed and that I was supposed to contact them if I wanted to re-open it- which obviously I did want. Cant think why they would think that I wouldnt. Then a few years later I contacted them again as still had no joy- then a few months later I recieved a letter saying that he did not have to pay anything but they couldnt tell me why. I recently found out where he was living (Glasgow) and that he was self employed working as a chef- I gave them his address plus a new name that he is using but they still didnt get back to me. More recently I rang them to ask if they had done anything yet and was told that unless I could tell them exactly where he was working they couldnt do anything.

Expert:  Clare replied 2 years ago.
Hi
Just to check - are you also in Scotland?
Clare
Customer: replied 2 years ago.

No- I am in England .

Expert:  Clare replied 2 years ago.
Hi
I am afraid that the CMS ( the new name for the CSA) is your only option.
However it is not the case that you must tell them where he is - they are expected to make enquiries of HMRC and trace him.
Do not deal with them on the telephone - always deal in writing.
Write now and ask then to conduct a new assessment and to account for the delay.
If you do not receive a reply then make a formal complaint - in writing - and escalate the complaints procedure
http://www.nacsa.co.uk/index.php/complaints-procedure
You should also ask for a full copy of your file using the Freedom of Information Act (it cost £10) and you should also prepare a file for your local MP and seek his or her help.
I hope that this is of assistance - please ask if you need further details
Clare

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