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Nephews dad not paying any maintenance. What can we do?

(13 Posts)
BatCrapCrazy Sat 08-Nov-14 07:18:22

My nephews dad hasn't seen my nephew since he was a few weeks old. He is now 2.
The dad was originally paying my sister £80 a month straight into her bank. However, about 6months ago, these payments stopped. My sister went to CSA and they contacted the father and he requested a DNA test. My sister agreed to this and the results came back that he was the father. Since then, my sister still hasn't recieved any payments. When my sister spoke to the CSA yesterday they said that they are having trouble contacting the father as his girlfriend won't let them speak him and they are only allowed to deal with her!
They said that they can't take the money straight from his pay without speaking to him first.
My sister is struggling massively. My nephews nursery bills are £800 a month and she's behind in her council tax payments.

What can we do?

FrontForward Sat 08-Nov-14 07:21:26

I feel your pain. CSA are pretty useless unless a father accepts responsibility. My first reluctant thought is that she should plan her finances on the basis that if he pays it is a bonus not a necessity. It really galls me to say this but sadly that is what society accepts and tolerates in terms of child maintenance recovery.

Secondly chase CSA until you are such a pia they actually act. Get your MP involved as well

purpleroses Sat 08-Nov-14 07:29:34

She should Halle hassle the CSA. He can't just get out of paying by refusing to speak to them. If she had any other contact details for him, eg a mobile number, she could pass them on.

Meanwhile, is she getting benefits she's entitled to? If she's working 16 hours a week or more she should get tax credits, which include 70% of your childcare costs being paid back to you. She should also get a discount on her council tax for being the sole adult in the household, as and possibly further discounts for having a low income.

BatCrapCrazy Sat 08-Nov-14 07:29:43

MP is a really good idea. Is there any legal action we can take? Small claims court or similar?

purpleroses Sat 08-Nov-14 07:30:19

Sorry, that should just read she should hassle...

BatCrapCrazy Sat 08-Nov-14 07:30:51

No, we don't have any contact with them so don't have any contact numbers for them. All we know is his mums address which we have already given them.

Greengrow Sat 08-Nov-14 09:12:08

Years and years ago you could use the courts to recover child maintenance and then the CSA and now the CMA do it. I am not sure about under the new system where most arrangements will be voluntary and only if you cannot agree is the CMA involved. If there is a beach of a voluntary arrangement can you go to court or do you have to use the CMA?

I certainly agree with pressuring the CMA and contacting her MP. Also try to find out the reason and make sure the father knows the difficulties as sometimes these things are a breakdown in communications only.

Can you not find out where they live? Eg look on social media to see if they are on face book etc. Also try doing a search on 192 (electoral roll is on there) and if you know his job you may be able to wait there and follow him - this is exactly what private investigators lawfully do.

BatCrapCrazy Sat 08-Nov-14 09:32:37

He has given them his address so it's not as through they don't know how to contact him. He just won't speak to them. We have emailed our MP this morning. Really hoping something can be done.

FrontForward Sat 08-Nov-14 18:18:23

If you had a court order (usually part of a divorce financial settlement) you could take him to court for non payment

Tbh the CSA should be chasing and sod the fact they cannot telephone him. WRITE! What do they think a solicitor would do? This is why they are so useless.

BatCrapCrazy Sat 08-Nov-14 18:41:28

There is no court order. She is only 20. They were in a long term relationship which broke down. 5 months later she found out she was 6 months pregnant, by which time he was already in another relationship and the new partner has made things awkward from day 1 and is the reason the contact between nephew and his father broke down.
I would love to see this get sorted.

mummytowillow Sat 08-Nov-14 19:00:09

In my experience you have to constantly go on and on at CSA to get anywhere.

They can take money from his salary, their just fobbing her off. Tell her she wants to escalate it higher and she's going to her MP might give them a kick up the rear!

TrendStopper Tue 11-Nov-14 09:24:12

It has nothing to do with the new gf so the csa should not be dealing with her.
Keep on at the csa. Phone them once a week at the least. Get your sisters MP involved.

As for the comment about childcare costs. You dont get 70% you get UP to 70%.

STIDW Wed 12-Nov-14 16:19:06

Is the CSA or the new Child Maintenance Service handling the claim? If an application was made in the last 6 months it should be the latter and your sister could apply for the CMS to collect the payments and pay her for a fee. Do you know if she has done this?

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