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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Am presently taking my ex partner to small claims court for

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Am presently taking my ex partner to small claims court for repayment of child maintenance monies fraudulently taken from me by her not declaring to CSM or myself that child benefit had ceased on moving from full time education. I have now CSM letter stating that case closed last August but I was misled into continued paying directly for four further months.
She has counter claimed for an enormous amount for a period before the CSM were involved in 2014 and that the monies I had paid for some years before that date (by voluntary agreement) were obviously too low related to the assessment that they later made. (She wants the CSM assessment to be retrogradely used as evidence of past ability to pay !)
Could a small claims court have any jurisdiction to make a judgement or opinion or assessment on what should have been paid some years ago . This counterclaim is based on false allegations and suggestions and takes no account of my other children whom I supported during this time and aims to portray me as a poor provider ! My wife is anxious about this.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow old was the child when he or she left school?
Customer: replied 1 year ago.
Hi Clare , She was 17 when she left school in summer term of 2015. CSM has stated in writing that they recognise that I am not liable after August 31st 2015.
Expert:  Clare replied 1 year ago.
When did you actually stop paying
Customer: replied 1 year ago.
I stopped paying on January 1st when I discovered from a third party that my daughter had left school and was in contact with the headmaster. I believe the defendant continued to claim child benefit and wished to keep the fact hidden from the relevant authorities and myself . She asked on Jan 6th why my payment was late and I told her my suspicions and requested that she help me resolve my question. She has not answered from that date or to my other requests, thus leading to my court action.
Customer: replied 1 year ago.
She has certainly broken the CSA requirement of informing all parties of a change in circumstances.
She has a history of claiming benefit for her children and had told DHSS that she did not know who the father was some years ago despite my continuing payments throughout that time. I have evidence that she used bank accounts under two different surnames. I believe that she is concerned that this will come out and will therefore use attack as her defence !
Expert:  Clare replied 1 year ago.
Did the CSA not offer to refund/recover the money?
Customer: replied 1 year ago.
Hi Clare
As I paid the sums assessed monthly to the defendant by direct debit , I am told that it is beyond CSA control (or interest)
If I had paid through them I believe it may have been different.
Customer: replied 1 year ago.
It took two months before the CSA accepted facts that I had found out and agreed in writing.
Expert:  Clare replied 1 year ago.
AH yes direct payment is one of their favourite ways of evading responsibility!Please do not worry about her counterclaim - it has no chance of success as there is no legal basis on which any Child Maintenance Order can be back dated AND in any event the Court has no power to order it!I hope that this is of assistance - please ask if you need further details
Customer: replied 1 year ago.
Thank you very much clare
Can the court order me to make any payment at all for the period before 2014 when our agreement broke down ? I have evidence of offering to pay more than she asked for and a lump sum (but not the £2000 she wanted for a new car !) My only stipulation at that time was that the money went direct to my daughter instead of her - she didn't like that hence the CSA involvement.
Expert:  Clare replied 1 year ago.
No the Court CANNOT do this - they have no legal power to do so
Customer: replied 1 year ago.
You have made me very relieved thank you so much
Goodnight
Expert:  Clare replied 1 year ago.
You are most welcome - good luck
Clare and 4 other Law Specialists are ready to help you

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