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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34286
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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We havet been contacted by child maintenance service saying

Resolved Question:

We havet been contacted by child maintenance service saying we owe thousands of pounds to my husband's former partner for maintence of his two children. We have been paying regular agreed amounts since the csa contacted us in 2010 where we had to pay an outstanding lump sum. We do not have this money and do not know what we can do about it
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhen do the arrears date back to?Clare
Customer: replied 2 years ago.

2011

Expert:  Clare replied 2 years ago.
Hi
What were the arrears in 2010?
How had they arisen?
Clare
Customer: replied 2 years ago.

Non payment. Then paid full amount outstanding. Weekly amount from there on deducted from my soninlaw wages. They then moved down to London. An agreement reached by two parents and this has been paid since 2011. Why would the maintenance service become involved now?

Expert:  Clare replied 2 years ago.
Hi
Was the agreement that was made less than the assessment figure?
was the agreement made in writing?
Clare
Customer: replied 2 years ago.

Not sure, they did go through courts re access will have to check if amount was correct and what it was worked out on

Expert:  Clare replied 2 years ago.
Hi
Ok - let me know
Clare
Customer: replied 2 years ago.

Contact from csa 2010 (i think)about outstanding payments. Outstanding payments settled in full.
Amount then deducted from father's wages,until moving to London. Agreement reached between both parents on amount paid each week. Nothing in writing, do not know how figure was reached. They also contribute to school uniform,school trips,holidays. They have to do 500 mile round trips to collect and return children every 6 weeks as access. They look after their dental,eyecare,etc.the maintenence is still paid if they have the children for 1,2 or 3 weeks depending on which school holiday it is.

Customer: replied 2 years ago.

Csa contacted them 2010, with amount owing. This amount paid in full. Money then deducted from father's account direct from his wages until leaving job and moving to London. Arrangement agreed by both parties although nothing in writing. This has been paid each week since then. They also contribute to school uniform,trips and holidays. They have to do a 500 mile round trip every 6 weeks to have access to the children. They look after their dental needs and eyecare. The maintenance is paid when they have the children to stay in school holidays. This could be for 1,2or three weeks depending on what school holiday they have them for. They also take the children on holiday every other year.

Customer: replied 2 years ago.

I don't seem to have received an answer to my last question

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
Was the CSA case closed when the mutual agreement was made?
Will his ex confirm that payments have been made directly to her and confirm the amount?
Clare
Customer: replied 2 years ago.

I think possibly not. Still waiting on figures from new people that have taken over. Think that is why suddenly they are saying we owe money. Money when agreement reached has always been paid into ex partner's bank account. Although she didnt want that to happen. She wanted cash. All payments made can be documented through bank statements.

Expert:  Clare replied 2 years ago.
It is not a matter of documentation - it is whether his ex will agree that this was paid as Child Maintenance
Customer: replied 2 years ago.

So if she says the amounts coming from him to her bank account are not for child maintenance then we are seen as not paying and owing het money?

Expert:  Clare replied 2 years ago.
Hi
Sadly unless you have written evidence of the actual agreement that is indeed the case
If the payments are in line with the assessment then you MAY have a chance of persuading the CSA - but it is far from guaranteed
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you, ***** ***** to wait and see. Worrying times ahead i feel, but at least we are forwarned.