Non resident parents who clearly have the means to pay.

[Jovanna04]

Hi all,

 

 

I hope you can assist or provide some advice in this matter because I am feeling quite deflated right now.

 

 

Over a year ago now, I arranged for CSA to take deductions from my ex partners benefit because he kept failing to pay child maintenance for my son. They said that he would only pay £5.00 per week because he's on benefit. Since I've opened the case I've barely received any child maintenance. I did believe that this was down to a loophole that my ex partner was taking advantage of, by not signing on and then signing on before CSA had chance to take any money.

 

 

Before we separated, he inherited a lot of money, and brought a high performing car. The benefit department know about this and seem to have done nothing. I know today that he is still running this car. I'm beginning to believe that he is not signing on and living off money that he has and/or an illegal income. Plus claimants of benefits are becoming more aware that they can claim housing benefit by just proving nil income, so without the need to claim JSA.

 

 

I really do not know what to do anymore, it's so unfair that he should get away with impoverishing his son like this. Would it be worth seeing a solicitor in this matter or would it be futile. Please advise on all matters.

 

 

Thank you. x

[Ros1609]

It is very unfair and I sympathise but I'm not sure there is an awful lot you can do about it. I don't think a solicitor can do much about it and it could prove costly as legal aid is only available in certain circumstances now altho you could get a 30 minute free consultation and find out where you stand

[Jovanna04]

Maybe I could get a consultation and represent myself, as I am confident in court. It's just that I would be unsure as to what I'd be asking for, I'm not sure if a court order can be granted for child support arrears. . Would you happen to know?

 

 

thanks anyway Ros1609. x

[Ros1609]

I'm really not sure. I've always been in the fairly 'privileged' position that my ex husband pays for and sees his children. Theres certainly no harm in finding out where you stand legally but I wouldn't get your hopes up

[Jovanna04]

Ok, so you don't think a solicitor can do much about it and you can't tell me because you're not sure and have never been in my position, but I shouldn't get my hopes up...not being rude but I'm struggling to understand why you've even responded when you don't know the real answer. Nevermind.

[Ros1609]

My experience with the CSA hasn't been 100% positive and I do remember my solicitor (the one instructed during my divorce) saying that maintenance and how it was calculated/collected by the CSA was out of her remit. Hence saying that I wasn't sure a solicitor can do much about it. You asked if it was worth seeing a solicitor, I said there was no harm in getting a 30 minute free consultation and seeing where you stand but not to get your hopes up. You then asked it I happened to know if you can get court orders for child support arrears. I gave you my honest answer that I didn't know, would you have rather I ignored your question?

 

I understand you are feeling very frustrated but don't take it out on people who are trying to help. Hopefully one of the other posters on here will be along soon and might have some more in depth advice