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Can ex-partners demand this?

(8 Posts)
kitbit Sat 09-Jul-11 11:35:29

I'm asking on behalf of a dear friend who we saw for the first time in ages last night.

He has a former partner with whom he has 2 children, dd 26 and ds 17. When they split up (15 odd years ago) she stayed in the house and as she wasn't working he paid the mortgage and bills. This continued when she found out she would get more this way than working and paying half the mortgage herself. He hasn't fought this as he wanted to make sure he provided for his kids even though it's been a huge struggle to keep up paying for 2 lives at the same time.

Whatever I feel about that that's how it's bern since, he's not begrudged paying for his children, far from it, and she still doesn't work. Friend has just sadly split up with his current partner (been together 12 yrs, no kids) and sold their joint house. A letter has arrived from the CSA demanding half the proceeds from this sale to be given to his original partner. Poor friend is now living in a small rented flat paying the mortgage and bills for the ex, his dd moved out years ago and his ds is leaving school next year. The CSA seem sure he owes the ex this money. Does he really???

Will he really

AurraSing Sat 09-Jul-11 11:53:02

It seems strange to me, he obviously needs legal advice. But wouldn't he be able to claim half the value of the orginal house (where first ex and his children live) when his son turns 18?

kitbit Sat 09-Jul-11 12:00:53

Don't know AurraSing, I think he's going to get some legal help but in the meantime is worrying himself stupid over it.

Can he enforce a sale of the original house when his ds is 18? (or ask for her half?) just seems mad that the CSA are asking for half his share of his later house which was nothing to do with the original partner. He's been paying for her house plus maintenance payments for the kids so it's not as if he's in arrears.

Shouldn't she be required to take some responsibilty as well?

prh47bridge Sat 09-Jul-11 14:26:54

The CSA do not get involved in the distribution of capital. Their role is purely enforcement of child maintenance. Provided he is up to date with his maintenance payments they will not demand any additional money. And if payments to date have not been through the CSA there will be no arrears - they do not backdate claims.

Has he tried ringing the CSA? He should use the contact details on their website. I am very suspicious of this letter and would not trust any contact details it gives.

Riakin Sat 09-Jul-11 21:46:46

Indeed as some have said here already. This seems very strange. But its the CSA... so there's no surprises with me really.

I would contact legal advice, then also consider contacting his local MP as a matter of urgency for this to be looked into via the ICE team @ the CSA.

sneezecakesmum Sat 09-Jul-11 22:03:38

I think the clues in the name child support agency, not financial settlement agency! Why on earth would they demand half this property? Like prh says provided he has paid maintenance then how on earth can they ask for any amount.

I take it he has never married either partner - as you say 'partner'?

Presumably his paying the mortgage and bills on his former home was a voluntary arrangement and not via the court. Provided he is named as joint owner on the mortgage, of course he can force a sale when his DS is 18 and be entitled to 50% of the proceeds (morally he should get more but property law is a bit rigid).

Please dont say he voluntarily paid child maintenance with no written formal (signed) agreement from his ex partner- that she accepted it as child maintenance? If she was really ruthless she could say it was her clothing allowance!! btw. The CSA only take payments from the date the application was made.

It all sounds very fishy to me too. Your friend must get to a solicitor on monday and get this sorted, he sounds like a very nice generous man who's about to be taken for a ride.

STIDW Sat 09-Jul-11 22:14:46

Is there any chance that a CSA application was made years ago and your friend either forgot about it or thought the issue had been resolved by paying the mortgage and bills? When CM arrears build up and the non resident parent refuses to pay the CSA may ask for charging order to be put on the property so that when the property is sold the debt is paid from the proceeds of the sale.

sneezecakesmum Sun 10-Jul-11 20:46:04

When the CSA is contacted they need a permanent address for the non resident parent. Is it feasible they would never have contacted him in all that time (years++) to chase up payments STIDW? Seems very odd if thats the case. But as people say the CSA is a law unto itself sad

If so it backs up what I said about ensuring the voluntary CM agreement is signed by the recipient!

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