Possible fraudulent CSA claim. How will it be handled?(16 Posts)
Can anyone give me any info or advice on how the Child Maintenance Service handles what could possibly be a fraudulent claim?
The situation is that one parent has made a claim for child maintenance (2 children) against the other parent without prior warning or discussion, and based on outrageously incorrect facts.
Essentially, the claiming parent has claimed on the basis that they do 100% of overnights. However, the other parent has concrete evidence of an equal 50/50 shared care arrangement including:
- 3 years' of emails between the parents discussing shared arrangements, swapping weekends, etc, including one from the 'claiming' parent that initially agrees to exactly how the shared care schedule would work
- copies of a letter that the 'claiming' parent asked the 'paying' parent to write to the Tax Credits Compliance Office that confirms the equal shared care arrangement
- copies of 3-way email conversations BETWEEN the 'claiming' parent, the 'paying' parent, AND the 'paying' parent's SOLICITOR that confirm the shared care
- a copy of a typed statement that was SIGNED AND SUBMITTED TO A COUNTY COURT 3 weeks ago by the 'claiming' parent that also confirms the shared care
- correspondence from the Child Benefit agency that shows that each parent is receiving child benefit for one of the children (ie, even the CB is shared!)
- documentation from the schools that demonstrate they're fully aware of an equal shared care arrangement
- letters from hospital/doctor that show the children are registered at the 'paying' parent's address and that the 'paying' parent has been responsible for taking the children to appointments (same with dentist)
This is just some of the evidence - there's tons more. But the really worrying thing is that the 'paying' parent has been led to believe that this spurious claim will go ahead if the 'claiming' parent simply maintains that their version of events is correct (ie, that they do 100% of the overnight care).
So, in theory, any disgruntled parent can come along and tell the CSA absolutely anything they like and they'll be believed, meaning the other parent has to pay 20% of their income when they're already doing at least 50% (and often more) of the childcare.
Is this correct? Is there not some way of dealing with a possibly fraudulent claim when there is as much evidence against the claim as this?
It's really starting to cause sleepless nights.
from the booklet "how we work out child maintenance" from the CSA
"we take into account shared care both parents are asked to give formal, informal or spoken evidence of any agreement"
it seems that in this case as there is plenty of formal evidence and nothing therefore to worry about.
what is more concerning is that there is someone fiddling the system to their children's detriment...
Sorry to hear youre going through this. i dont understand the mentality of people doing this. Don't pay anything until everything is as you think it should be as you won't get it back. Get advice from a solicitor if possible and try and keep copies of all correspondence between yourselves and the csa. They can chop and change their minds depending on who you're talking to. If you find someone who seems to know what they're talking about at the csa take their name and try and deal with them all the time.
Don't worry too much though, if you know what you're saying is correct you should be fine.
I understand the worry as we've dealt with them for years now.
They will ask you for your version of events, if this is not the same as the claiming parents version they will ask for evidence, which you have. Just speak to them, you have nothing to worry about. Typically if everything is 50/50 I would imagine no one would have to pay anything.
This happened with me, Csa sent me and ex a form to fill in and a calendar to fill in to show when we had the child in the past and what happens now. I sent mine in with a load of printed out texts/emails and a letter from the schools head teacher. As ds dad said he was going to tell he had my son 100% of the time to get out of paying anything. He has him 2weekends a month. Csa took my side and it was all sorted, all in about 5weeks. Ex pay did pay by d/debit but only made one payment so Csa now takes it from his wages that took another 3 weeks to sort out. No issues since
Thanks all - that's reassuring. All of this evidence will be going in the post by recorded delivery this week.
Another one - even the diary of overnight stays for the last 12 months puts the 'claiming' parent at 161 nights, as opposed to 204 nights for the 'paying' parent so it's not even 50/50!
And another - the 'claiming' parent even earns more than the paying parent!
The children themselves, friends, family, neighbours, schools, and tons of other people are fully aware of these childcare arrangements - and I struggle to understand how anyone can have the nerve to submit a claim with information that is as far removed from the truth as this. It also stinks that the CSA seem to decide that you're guilty until proven innocent, which goes against any other judicial process in the country.
In this case, the 'claiming' parent is also the one who had the affairs, left the marriage, and ended the relationship nearly 4 years ago - and is now discovering that the grass really isn't greener... while the 'paying' parent has picked themselves up, and built a very nice new life for themselves, and is happy.
If the paying parent has more contact the money will be worked out appropriately, the claiming parent seem to have shot themselves in the foot if this is indeed the case.....
Karma is a bitch
My case is that exdp has DS 52nights per annum, this was the original agreement since then ex takes DS more and updated CSA, I now receive less payments, but I have no grievances with this as I only require what I'm due for the time I have DS
Don't worry all will fix itself, just speak to them
"It also stinks that the CSA seem to decide that you're guilty until proven innocent, which goes against any other judicial process in the country."
I don't know how you work that out, the csa will ask you for evidence to support your version of events which (thankfully) you can provide. No one has been found 'guilty'
"I don't know how you work that out"
I spoke to the CSA the same day I received the letter, and gave them all of this information over the phone in a conversation that lasted over an hour. They told me that the next step would be for them to go back to the other parent and ask whether they agreed with my version of events (which, I assume, they wont).
They were then quite explicit in explaining that if the other parent didn't agree with what I say, then they would simply just believe them and take their version as the truth. There was no mention of a process where both parents are asked for 'evidence', despite me asking if I could send them proof of the shared care.
They actually said that if both parents don't agree (which, again, I'm assuming we wont), then they will make a default calculation based on the children staying with me just one night a week (52 nights per year) - and that that is probably the best I can hope for.
That's why I'm here - I'm trying to find out if there's a way I can submit this evidence because the CSA certainly didn't make it clear that I could.
"Does the claimant use MN by any chance?"
No idea. Why?
I am assuming that bof is referring to that coterie of men who join mn not to contribute to other people's threads or to be part of the general community, but who solely start threads complaining about their exes, where they know the ex will see it.
It sounds unbelievable, but they do exist! Crazy I know. Who would begrudge their ex a support network? Not you I bet, you sound like such a nice guy.
Can't remember anywhere where I said I was a man.
DH pays for all the travel costs to see his two DC (ex moved with the children to another town over a three hour drive away).
He spoke to the CSA about having these costs recognised and provided dates, receipts, tickets, on-line receipts etc.
The CSA rep said "it's one person's word against the other, Mrs XXXX says that she pays for everything so we've had to make a judgement call and will be taking her word for it in this instance".
I think he could have appealed but he just didn't have the energy at that point.
ambientcoast Mon 19-Aug-13 17:12:42
Can't remember anywhere where I said I was a man.
You've mentioned it on all your other threads bitching about your wife...
He hasn't posted since 2011. Am I missing something?
Can you not moan and complain about the CSA?
Is that rule for everyone?
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