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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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My fiancee has receievd a letter last week from the CMA

Customer Question

Hi
My fiancee has receievd a letter last week from the CMA wanting £1900 back pay and then £33 per month.
My finacee has not seen his child in 10 years since his ex partner left him and she has never asked naything of him since.
We have been told that she has found out that we are getting married and following that has made an application for payments.
The monthly figure i s not an issue but the back pay is not achievable at all. Unfortunately my fiancee has just started his own business and so has very little money coming in and I am supporting him primarily. he can just about afford the mortgage and his travel costs for work and I pay everything else.
He has no overdrafts, loans, credit cards or savings to find any back pay money.
He immediately wnet to the CAB for advice after receiving the letter last week but we are wiating on them getting back to us.
The CMA then contacted him yesterday saying they want a taped telephone interview
with him today.
Please advise as this is not a situation we have ever been in before and is obviosuly cauing a lot of anxiety
thank you
Laura
Submitted: 2 years ago.
Category: 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.
When do the arrears date back to?
Clare
Customer: replied 2 years ago.

Hi

The back pay is for the last 5 years.

The child's mother has never given my fiancee any opportunity to see or have any contact with his daughter.

We would also be so grateful if you could advise on where my fiancee stands at the moment in regards ***** ***** own assessment and what he is obligated to do right now? I don't feel that it is right for the cma to insist on him giving a taped interview today when he doesn't have any information is the right thing to do. What do you think?

Any advice on this situation and his rights that you could provide would be really appreciated.

Thank you

Laura

Expert:  Clare replied 2 years ago.
Hi
Why has he not paid any maintenance so far - the CSA must have first contacted him five years ago?
Clare
Customer: replied 2 years ago.

No, the mother has never completed an application before and never privately asked him either as she cut off all contact

Expert:  Clare replied 2 years ago.
Hi
The CSA cannot backdate an assessment to a date prior to the application being made
Is your partner certain that he heard nothing five years ago?
Clare