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Hi
I'm a new poster as I am desperate for some advice.
My son was born in 2001, my ex and I split a couple of years later and I paid her monthly in a private agreement. I got with someone else and my ex didn't like it and contacted the CSA and opened a case in 2007.
The CSA said I should pay Β£23.77 per week. My ex then calmed down and told me she would close the CSA case and I could pay her privately again and we agreed to round it down to Β£20 per week as long as I paid for my sons birthday parties, school uniform, haircuts etc. Just to add, I've always had my son Friday to Sunday. The Β£20 per week has always been paid in cash and we have a book where my ex signs for it each week.
After a good few years of saving and borrowing, I have managed to buy my own house this year. My ex didn't like that and assumed it meant I'm rolling in money and has re-opened the CSA case.
I now pay 29.29 per week (plus all the extras for my son which is fine as I want to provide for him).
However, my ex is not happy with the amount and is convinced she is going to claim back arrears from 2007. So she believes that she can claim arrears of Β£3.77 per week for the last 8 years even though we both had a private agreement for Β£20 per week which she signed for every week. She thinks that because the CSA said Β£23.77 but I've only paid Β£20 then I owe her.
To be honest, I'm really worried that this could happen as this would amount to a hefty amount of arrears. Is it possible to owe arrears from a private agreement in these circumstances?
Thanks in advance
Hi there
Had she been able to claim the arrears, i think this would have been raised by the CSA at the point she reopened the claim.
You could give them a call and ask them to clarify, but my feeling is that as the case was closed and agreement reached that she can't claim for the time in between when the case was closed. I'm not an expert though.
Thank you for your reply
I'm not sure whether the CSA are aware how much the private agreement was for. My first thought was how can they claim for arrears on private agreements as some private agreements are not all about money, many parents agree for the absent parent to pay for items instead rather than pay cash.
I have rang the CSA 5 times in the past 3 weeks and Im always put on hold for ages and when I do get through, I'm told it's the wrong number. The last number I got told to ring was ridiculous as the guy on the other end said "this isn't the right department you need to ring ****** " which was the exact number I had rang him on! Hence me coming online to try and get advice that way π
Hello Jay0912
With you having a case with the Child Support Agency (CSA) you would need to speak to them directly to discuss any concerns you may have regarding your case or your payments. You will find their details on any letters they have sent you or on Gov.uk at https://www.gov.uk/child-maintenance.
If the case had been closed with the CSA when the family-based arrangement had been made, then there should not be any arrears from that time. However, to clarify this you would need to speak with them directly. As family-based arrangements are not legally enforceable and no-one else is involved in setting them up, it would be between both parents to discuss and negotiate any backdated payments.
For more information on the different ways to set up child maintenance, you can visit the Child Maintenance Options website at http://www.cmoptions.org.
The DWP have a sorting out separation web-app that you may find useful. It offers help and support to separating and separated families. The link is: www.dad.info/divorce-and-separation/sorting-out-separation.
Regards
William