Hi all
So here is the story. I'll keep it as short as possible ...
My son is 18 now (Recently in January) and has been out of education for over a year now and is still out of work or college etc.
CSA claim there is a £5000 arrears case for me to answer to. Basically, I left my job at the time in 2009/August but the CSA who were obviously in charge of the case continued to calculate my payments to the ex based on my jpb I left and proved with a P60 for months after that hence the build up of arrears.
She took me to court and lost as she tried to claim the arrears personally even though they were suspended by the CMS.
My son is now 18 and isn't in education so my main question is this...
Taking away the arrears and only taking into consideration the weekly payments i currently pay has my case finished now?
I'm still paying her the weekly amount and the CMS haven't spoken to me about it since December.
Am i still liable for payments?
I actually employed my son so he could earn his own money and his mother couldn't spend it on designer clothes or chinese takeaways which is what she did. (Even texted me saying thanks for the holiday you paid for me and the new lad to go on) Not bothered apart from the fact that my son didn't receive any of it and the CMS weren't bothered with this info.
Am i still liable to pay her weekly even though he is 18 and not in education?
Thanks guys and gals
hi,
more info here:
Under child support legislation, regular child maintenance payments must be made until a child is 16 years old, or 20 if they are in full-time, non-advanced education (A-level or equivalent), or for as long as Child Benefit is being paid.
When a child leaves full-time education in the summer, Child Benefit generally continues until the first week of September. The definition of full-time education is more than 12 hours a week of study, on a course up to and including A-level standard. If the child is in advanced or higher education such as university, legally, they will no longer qualify for child maintenance through the statutory service.
https://www.dad.info/forum/child-maintenance/49784-when-do-i-stop-paying-csa-for-my-son
Update
Seems I have been paying since September and shouldn't have been so they have backdates all my payments to September last year and just deducted the amount from the fictional arrears balance.
Sent me a new assessment with the balance of arrears divided by a number of weeks so have therefore increased my weekly payment to 4 times what I was paying maintenance lol
If it wasn't so serious i'd probably laugh.
Long story short I have now raised it to the RRT (Rules Reassessment Team) with an evidence pack proving the arrears are not lawful and copied this to my team of CMS/CSA specialist solicitors and copied in my local MP with a letter summarising it all to the Prime Minister (Why? well why not? Doesn't hurt)
CMS were on the back foot on the call I recorded and actually agreed that I deserved to "win the case"
RP was receiving child benefit fraudulently so she's been reported as well.
Maybe my fight will land a few blows.
Updates to follow