Child maintenance payments, never paid a penny. Please advise.

[Paul Walton]

I'm try to help out a friend. Over 40 years ago she fell pregnant ( as it was called then) Anyway the 'gentleman' concerned did a runner and lived overseas. Sue me if you want to, a real charmer. Now the lady in question is ill, her daughter now in her 40's with her own children.

 

The 'gentleman' in question has now moved back to the UK and has a very expensive property.

 

Couple of questions:

1. Can the mother still chase him for never paying a penny?

2. Can a charge be registered against the property ?

3. What if the mother dies before it's completed - can it form part of her estate?

 

It's a nasty one indeed.

[honeybee13]

How much of this is your friend able to prove?

 

HB

[Paul Walton]

I don't believe that will be a problem whatsoever.

[honeybee13]

So he's on the birth certificate?

 

You've posted in the Benefits forum, are there questions related to that as well? If not, we may move your thread to a more appropriate forum.

 

HB

 

 

[Paul Walton]

Yes, he is on the birth certificate. 

No, benefit questions - my fault gone daft..

 

[honeybee13]

Thread moved to the General Legal forum for now.

 

This was before the CSA, I'm guessing. Is there anything in writing that says he would pay maintenance?

 

HB

[Paul Walton]

I don't think there was every an agreement he just ran off.

 

[honeybee13]

This isn't my field but it seems to me that a 40-year gap could be a problem. Hopefully other people will know.

 

HB

[honeybee13]

It's been suggested by the site team that the mother could start by contacting the CMS which is what the CSA changed its name to. What I'm really not sure about is how far back they're able to look if this case has never been raised before.

 

HB

 

Using the Child Maintenance Service (CMS) | Gingerbread

WWW.GINGERBREAD.ORG.UK

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This factsheet is for single parents who are thinking of using the Child Maintenance Service (CMS).

 

[Paul Walton]

Many thanks that makes sense. Thank you all very much.

[Homer67]

I wouldn't waste the effort with CMS. I would go down the route of ensuring the children are registered as his next of kin so they have a claim on his estate should anything happen to him.

[Paul Walton]

That would be a good move, and not expected.

[Ethel Street]

There is no such thing as a "register of next of kin", nor does next of kin have a specific meaning in English law, nor do next of kin have any automatic claim on anyone's estate.

 

It is unnecessary anyway as he is named as the father on his daughter's birth certificate so agreed at birth registration he was the father.

 

But children do not have an automatic right to a share of their parents estate. It's a complex area of law.

 

I agree CMS probably can't help but I recommend starting with a call to them for any guidance they can give before spending money on lawyers.