How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35071
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Type Your Law Question Here...
Clare is online now

My daughters father is a multi millionaire with at least two

This answer was rated:

My daughters father is a multi millionaire with at least two houses in Brighton valued at £4 million and a profitable business. He has one additional child aged 4 who attends Lancing college with fees of circa £20 k a year, he has not paid child maintenance or provided any financial support to our daughter since I left our home when she was 9 years old. my daughter has completed her university course and is now 22 years old. She meets with her father 3 to 4 times a year.
Can I take any legal action to protect her financial rights as his daughter ? Is there any precedence to write to the CSA to complain about their handling of my claim when she was 9 years old ? At the time their assessment process did not allow for company directors and I was awarded £5.00 a week which I declined. I have not pursued since as my daughter suffered from emotional trauma and I did not want to create more disturbance. however I old like to make sure she is at least included in his will. he is on her birth certificate and does not dispute she is his daughter following a 15 year relationship. He had no assets when we met and built the business using savings achieved form our time living together.
Customer: replied 2 years ago.
The primary question is what precedence I can read to understand the legal action I can pursue for my daughters father to contribute to his daughter financially. for the future ,or to back date for 12 years of not paying towards child support given he has significant assets
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.Did you actually close the CSA case?
Customer: replied 2 years ago.
The CSA only dealt with fathers with Paye. It was my responsibility to prove assets other than salary in 2000. The CSA now have a claims procedure for self employed. I filed a letter in 2000 to say £5.00 a month was not a realistic representation of a man living in a new house purchase at 1.5million. is the CSA claim really relevant given its past 15 years . .? She was entitled to support to June 2014 as she went on to further education. I also asked about the will and any relevant precedence to help me prepare for solicitors meeting .
I am aware that at the beginning the CSA was not good where the absent parent was self employed, but they did improve over the years.
Sadly in 2000 you would have needed to make a formal applictaion for a variation on the basis that his declared income did not match his standard of living. IT is arguable that the letter you sent could have been treated as this and that accordingly the CSA applictaion stayed live in which case you MIGHT have the possibility of reopening the arrears.
I say this because it is the only option available in terms of back dated Child Maintenance. There is no court action that you can take regarding this since Schedule 1 of the Children Act only allows applications by a parent where the child is under 18 AND no award can be backdated any earlier than the date of the application.
If your daughter were still in full time education she could have used that legislation to make an applictaion for maintenance in her own right - but again this cannot be backdated.
With regard to his Will there is no action that can be taken now.
In the event of his dying and leaving her nothing then she could consider making a claim under the Inheritance (Provision for Family and Dependents) Act 1975 although the fact that she is not currently financially dependent on him weakens her claim it does not exclude it completely
I am sorry not to give you better news - please ask if you need further details
Clare and other Law Specialists are ready to help you