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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To see a solicitor re child support?

40 replies

EndoTheRoad · 12/04/2011 14:42

ExP and I split 8 years ago. He's contributed nothing to our son's upkeep since!

DS and I moved abroad last year to be with my new DP and, apparently, we have no case with the CSA - just spoke with them on the phone.

Has anyone, if no joy with CSA, taken matters further, eg, solicitors/courts, etc?

Thank you for any responses.

OP posts:
SuchProspects · 12/04/2011 16:03

Fabbychic - Where does the needing to live in the UK to bring a case in a UK court come from? Foreign businesses and nationals who live abroad sue in the UK all the time - are they using some kind of loophole?

Topoff · 12/04/2011 16:08

I think posters are mentioning the 8 years because there must be a lot of back-story to this.

JeffTracy · 12/04/2011 16:13

If you went to the CSA in the first place, rather than make other arrangements, then UK courts will not make an order for child support (as the CSA has jurisdiction).

Once you move abroad the CSA will not have anything to do with you - those are their rules - they are very clearly stated on their website.

I mentioned parental responsibility because if you moved abroad without any agreement and your exp had PR, then you would have broken the law as I understand it. Child abduction, Hague Convention, ICACU, all that stuff. If you exp is not concerned then it is unlikely to cause you a problem, but it is worth being cautious.

FabbyChic · 12/04/2011 16:24

SuchProspects go to the court website you can see for yourself you need a UK address to sue someone in the UK courts.

Maybe these businesses have a UK address.

SuchProspects · 12/04/2011 16:28

Which court website? There are several.

missymarmite · 12/04/2011 16:32

I don't understand how some NRP can be like this.

As a side issue, I would be very wary of getting involved with a man who had kids he didn't support financially. Why do these kinds of men always seem to end up with lots of women? What on earth do they see in them? I would just imagine myself down the line in the same situation as the xp + kids.

lateatwork · 12/04/2011 16:56

Agree that you need to cover yourself in the event that ex kicks off about you taking DS out of the country...

Also, if he wont pay maintenance, why not get him to pay for the costs of DS visiting him during the holidays? Ordinarily I would imagine that you would be footing this bill as you moved, but maybe that is a compromise?

OR maybe say money is needed for schooling costs- maybe he would feel happier knowing that the money is being spent directly on DS education rather than to fund anything else? You know your ex the best, was his issue with not paying maintenance that he thinks its is funding you (rather than your son)- many people have this kind of misconception and maybe its worth trying to work out why he wouldnt pay? Now (and I am probably going to be flamed...) he probably hates you and doesnt want you to get his money... but he doesnt hate his son- otherwise he would find ways and means of never seeing him- despite your efforts for them to keep a relationship. Sooooo, try and make the assistance directly linked to DS school fees (maybe even pay the school direct?) I know not a normal way of solving it but maybe an alternative?

A1980 · 12/04/2011 17:13

Have you taken into account that legal fees will be very expensive. You may pay out more in legal fees than you recover in child support.

FabbyChic · 12/04/2011 17:14

Such look at any court website.

A1980 · 12/04/2011 17:17

There is only one court website here. Google the Court Service!

SuchProspects · 12/04/2011 17:54

A1980 The www.hmcourts-service.gov.uk website sends you to different parts of the direct.gov.uk site depending on what sort of user they think you are.

I haven't found anything on the sites I've just looked at that mention you need a UK address to start a claim. For instance this page on making a claim online indicates you need a UK address for the person you are claiming off, but mentiones nothing about your own address.

A1980 · 12/04/2011 22:15

I am a lawyer and I've issued proceedings on behalf of client's who live abroad. I've put their foreign address on claim forms.

I wish people who aren't lawyers would stop giving legal advice as 99% of the time it is utterly wrong.

chipmonkey · 12/04/2011 23:20

BTW, Switzerland is not in the EU. Don't know whether that makes any difference!

So what if she's left it 8 years. Just because she's been too nice doesn't meant the fecker shouldn't pay!

My dsis's ex didn't contribute towards their dd for years. Then he got a new dp and all of a sudden wanted to start paying. Reckon his new dp would not have been impressed with him not looking after his dd!

EndoTheRoad · 14/04/2011 16:53

Thank you for all the replies!

ExP has no Parental Responsibility - we never went to court.

lateatwork, ExP doesn't help towards costs of flights - which includes me having to ferry DS backwards and forwards to see him and often changes plans at the last minute, so very costly all round.

I have asked if he'd ike to contribute to DS's schooling. I sent him details of the school, fees, etc, so he could see for himself. He totally ignored the issue.

It just so riles me.

OP posts:
A1980 · 14/04/2011 23:34

"ExP doesn't help towards costs of flights - which includes me having to ferry DS backwards and forwards to see him and often changes plans at the last minute, so very costly all round."

But YOU moved abroad. Arguably that's not your exes problem therefore why should he pay for flights.

When I was a trainee solicitor doing my family seat a few years ago, if children were taken out of the jurisdiction by one parent then alot of the time that parent had to pay for the travel costs of the other parent to come and see the child abroad. So it isn't unreasonable for ex not to pay for flights.

I would ask yourself how much you want to push this, you may open up a can of worms.

Totally irrelevant but how's your treatment going anyway? I remember you from general health. Did the meds have any effect. My levels dropped like a stone after 3 months.

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