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Child maintenance query

(3 Posts)
laptopcraptop Sun 24-Mar-13 19:36:53

XH has been paying child maintenance by dd on two separate days (no idea why), one payment is flagged up as maintance, the other is not.

Two years ago he mailed me he had been made redundant and had zero income. I later found out he had taken voluntary redunancy and was paid off. He obviously has money as he is going on a holiday of a lifetime this summer.

I found out he was working a year later and informed CSA. They have eventually got round to my case and want to know how much he has paid me directly. Would I be out of order just to declare that the amount flagged as maintenace is what he has paid and if he queries, say that the other was money owed from when he lost his job? If he took me to court would I have a leg to stand on?

VBisme Sun 24-Mar-13 19:41:44

Yes that would be out of order, and immoral.

Legally he's probably been extremely foolish by not dotting his i's and crossing his t's with his maintenance payments.

purpleroses Sun 24-Mar-13 19:52:34

Yes, and you'd get caught as unless the payments were made in cash it would be very easy to prove them and you'd have nothing with which to prove they were repayments of a loan.

Redundancy money is not counted by the CSA, and that may be what your ex is using for his holiday. Not fair, but quite legal for him to give you nothing of it. Shouldn't matter what he's paid you in the past though - any future payments will be based on what he's earning now.

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