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Need advice please
Receiving parent (me) opened child maintenance case 11 years ago.. paying parent came back into child life 8 years ago. Three years ago paying parent and receiving parent(me) have been helping each other out financially when in need. Paying parent pays child maintenance through a DEO first before helping out receiving (me) parent. Paying parent has no hidden income only his wages every month. They have also never lived together. Paying parent does come see his child every day.The parents have seperate address. (The other receiving parent on the case told cms that receiving parent had moved into paying parents home) Neither parent disclosed this extra financial support to cms as didnt realise the need to. Cms fiu have been investigating and both parents are being interviewed under caution.. receiving parent(me) has had their's, paying parent is due this month. Cms fiu are saying it's false misrepresentation and failure to disclose information. Does anybody know what the outcome could potentially be. Cms fiu have been through both parents bank statements without the parents knowing about this obviously bank statements show transfers but parents can prove what the payments have been for also in 2023 parents were engaged for 6 months but are now no longer engaged. I really need advice and what outcome could come from this
There's a reason why the FIU are involved, usually as the result of a RP making a Diversion of Income claim and it's nearly always for parents who are classed as Complex Earners. What's the background for their involvement and what are they looking to prove exactly?
@jlfrs they are saying that because me and paying parent are helping each other out financially without disclosing it to child maintenance service as we didn't realise we needed to as paying patent pays child maintenance through a DEO and we was engaged for 6 months in 2023 but are now no longer it's classed as false representation and failing to disclose information and me and paying parent have spoke about keeping case open to cause a loss for other receiving parent but she is still being paid every month even though her child is doing an apprenticeship
@justopaltiger The FIU is probably following this guidance:
The specific offence:
Fraud act 2006, section 2, Fraud by false representation
(1) A person is in breach of this section if he;
(a) dishonestly makes a false representation, and
(b) intends, by making the representation;
(i) to make a gain for himself or another, or
to cause loss to another or expose another to a risk of loss.
According to CPS guidelines the offence is entirely focussed on the conduct of the defendent, and the maximum sentence is 10 years imprisonment.
Even if no actual gains or losses took place, they can still be charged. This means that even if the CMS decide that payment has been made, and no financial loss occured, the person making the false representation can still be charged as the action was dishonest and with intent.
This offence takes place, when the receiving parent informs the CMS that they haven't received a payment so my guess is for the PP to be on a DEO the RP had at some stage reported missed payments which resulted in enforcement, hence the DEO. If the RP has then subsequently disclosed they've actually been in receipt of monies from the PP, this is what's been classed as Fraud by False Representation. I think you both need specialist advice from a Criminal Lawyer, even if the "offence" was committed unintentionally.
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