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Can i sue (the bastard) for backdated child support? If so, how?

(31 Posts)
TheSecondComing Sat 16-Jun-12 11:20:33

Message withdrawn at poster's request.

ThoughtBen10WasBadPokemonOMG Sat 16-Jun-12 11:27:34

A friend of mine was made to pay backdated CSA to his ex-p who he had not seen for 12 years - so 12 yrs arrears. which he obviously should have been paying all along

So yes I think that you should push the CSA to backdate. Esp if you have evidence int he form of the letter.

TheSecondComing Sat 16-Jun-12 11:30:36

Message withdrawn at poster's request.

duchesse Sat 16-Jun-12 11:31:36

Keeping that letter was a very, very good move. Keep it safe (any chance he could burgle your house to get it?). Copy it and keep copies somewhere. Tell him you still have the letter he sent and that you will pursue him through the courts unless he makes reasonable provision for his child's future. Seek legal advice.

ThoughtBen10WasBadPokemonOMG Sat 16-Jun-12 12:05:51

No apparently she said that he couldn't see his DS at all and he had no idea where they were. Suddenly out of the blue he got contact from the CSA. He was aware he had a son as your ex-p knew he had a child.

ThoughtBen10WasBadPokemonOMG Sat 16-Jun-12 12:09:19

However having googled it seems that what they have told you re only being able to backdate to when he was contacted seems to be the standard.

ThoughtBen10WasBadPokemonOMG Sat 16-Jun-12 12:12:58

This seems to show that it has/can be backdated.

TheSecondComing Sat 16-Jun-12 12:22:27

Message withdrawn at poster's request.

sicutlilium Sat 16-Jun-12 12:26:09

Perhaps one of the family lawyers could confirm this, but I think when your daughter turns 18 she can put in her own claim for maintenance, which would cover her until she finishes tertiary education. She could perhaps consider a a particularly long course, such as architecture or medicine...

STIDW Sat 16-Jun-12 12:30:19

Sorry, the CSA are only responsible for child support from the time they received your application and it's isn't possible to make a claim retrospectively for back payments before the date of the application.

The good news is that over 18s in education or training may claim maintenance in their own right from separated parents who can afford to contribute through the courts. Over 18s are eligible for legal aid for the time being at least.

STIDW Sat 16-Jun-12 12:36:50

I'm not a lawyer by the way and in case one doesn't come along to verify what I said try googling "Schedule 1 Children Act 1989 applications for over 18s"

RedHelenB Sat 16-Jun-12 12:46:29

Maybe he is more likely to give your daughter the money if SHE sees him to ask for it?

MOSagain Sat 16-Jun-12 12:59:24

Agree with STIDW in that the CSA will only backdate to when they received your application.

TheSecondComing Sat 16-Jun-12 13:18:59

Message withdrawn at poster's request.

Huansagain Sat 16-Jun-12 13:49:43

Why didn't you go to the CSA all those years ago?

If you didn't want it at the time you could have put it away for your dauflghter's education. It would have been a good amount by now.

TheSecondComing Sat 16-Jun-12 14:10:10

Message withdrawn at poster's request.

RedHelenB Sat 16-Jun-12 15:21:13

No is the long & the short of it, you won't get the money. CSA is only backdated till the time you first contact them. Contact & maintenance are two separate issues.

MOSagain Sat 16-Jun-12 16:14:21

As set out above, it can only be backdated to when the claim was made.
What is it you think you can sue him for?

Your best course of action would be to push for the backdated maintenance from the date of application to the present and suggest to your DD that she makes an application in her own right for support through Uni.

Collaborate Sat 16-Jun-12 17:30:22

A schedule 1 Children Act claim could be made I suppose for a capital sum to support her through university. The letter you've kept all these years might be useful. According to the NUS students without parental support will have debt of £60k at the end of a 3 year degree course.

STIDW Sat 16-Jun-12 18:20:07

Sigh.. that's about right, £9k fees in England & Wales and around £10k living expenses a year. Our son has just completed 1st year of his second 4 year course. sad

The NUS did a survey a few years back and the vast majority of young students were supported by parents in some form or other.

RedHelenB Sat 16-Jun-12 19:04:45

Surely that letter is only a letter of intent & can't be legally enforced?

Collaborate Sat 16-Jun-12 23:32:11

That's right, but when considering the factors under s1 of the children act I believe that a judge would take it into account. It's saying "take nothing now as I'm putting away for the future".

TheSecondComing Sun 17-Jun-12 00:21:43

Message withdrawn at poster's request.

RedHelenB Sun 17-Jun-12 08:27:14

But did you honestly think with another family & him never seeing her that he was going to put money aside for her? The CSA was set up to avoid the court process so I still wouldn't hold my breath, especially if he has another family to support. Good luck - he should pay towards his daughter!

Diimund Fri 16-Jan-15 23:37:32

My ex-husband deserted me and his 2 children in 1968 and I never heard from him again and I never received any maintenance from him what-so-ever. I remarried My 2nd husband Ed" in 1974 and we had to hire and pay for detective to find my ex' to ask his permission to adopt the 2 children! but he was never ever found. Ed" has been a great husband and father who treated and raised the children as his own."
Yes' it happened a long time ago and i have remarried; my ex' died in 2010 leaving a considerable sum of money in trust to the women he lived with (they were not married). As I" then Ed & I" never received a penny in children support not even a birthday-card. Is it possible (legally) that I could sue for backdated children support? OR - Could I challenge the legality of the Trust fund? I don't want to go to a solicitor until I know if I have a chance of reclaiming these funds or not. Thanks for listening.!

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