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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To take the Bio-dad to court or accept the money offered

97 replies

56253tT · 07/07/2023 11:38

My child’s Bio-dad has informed me he will be going to work away and that the country he will be working in isn’t on the CMS list of countries they can enforce payment from, neither can CMS get his earnings from HMRC as he won’t be paid by a UK company. He has said he will pay £200 a month, this is down 70% from what he currently pays!!

He has never had any contact with child (his choice) we were in a casual relationship so I don’t know much details or have friends in common to find out more for CMS.

Where do I stand with all of this? Can I take him to court before he goes stating that he legally has to pay me, in the UK or not? Im assuming he will be coming home every so often as he has a family and young children (my child’s payments were lowered because of children added to case over the years) so once he comes back to the UK, can he be obtained and made to pay while here?

Thank you

OP posts:
EvilElsa · 07/07/2023 11:43

I would take that at face value and speak with CMS and potentially a solicitor before making any decisions. Good luck. Sick to death of these useless fuckers doing everything they can to avoid paying for their own kids. Don't know how they live with themselves.

Dreambe · 07/07/2023 14:39

See a solicitor or at the very least the CAB. A search online may tell you if he is correct about the country not having a reciprocal arrangement for CMS, but do seek proper legal advice.

coodawoodashooda · 07/07/2023 14:49

Speaking from experience I'd take the £200 and consider myself pleased he will be away. Contact the cms officially and don't ever agree to him being off the hook. One day he'll likely come home and it can be back dated from the date you register with the cms.

56253tT · 07/07/2023 15:08

So you’d take the £200 offered and then once he’s working back in the country, go for everything backdated? How will they know how much he would owe though as no way of them getting his earnings. I’m so confused and don’t know what to do for them best. Me and my child need this money to survive 😢

OP posts:
coodawoodashooda · 07/07/2023 15:12

56253tT · 07/07/2023 15:08

So you’d take the £200 offered and then once he’s working back in the country, go for everything backdated? How will they know how much he would owe though as no way of them getting his earnings. I’m so confused and don’t know what to do for them best. Me and my child need this money to survive 😢

No. I'd get registered and then keep my fingers crossed he returned one day and they find something to chase. He will get away with it. They all do. If you get a solicitor then they won't be able to do anything worth paying for.

56253tT · 07/07/2023 15:14

Oh I understand now. We’re already registered and on direct pay? Not sure if that changes anything or not

OP posts:
Makemyday99 · 07/07/2023 15:15

The money isn’t for you it’s for your child, why would you put your child in a position that means if that money is withdrawn you can’t survive? CMS won’t back date at all don’t listen to that nonsense, the calculation is based on information from hmrc so if he isn’t working in uk then you’ll get nothing. Just accept £200. You can’t take him to court for maintenance it goes through cms & if he fails to pay they’ll take action but as he won’t be in uk it’s irrelevant anyway. You could try to privately sue him but that will cost you thousands which I presume you don’t have

Mabmabdwarf · 07/07/2023 15:18

If he’s going to a different country and his kids and family may be going with him so he may not be coming back then there is nothing you can do.

Even if his family stay here… and he comes back to visit… he isn’t going to be working here so csa won’t be able to get anything from
him.

Take the £200.

Annaishere · 07/07/2023 15:19

Imagine having a kid and getting away with paying £200 a month for them. It isn’t enough. The government should enforce 3-400 minimum and if they can’t do that they should take care of single mothers properly.

Makemyday99 · 07/07/2023 15:23

Annaishere · 07/07/2023 15:19

Imagine having a kid and getting away with paying £200 a month for them. It isn’t enough. The government should enforce 3-400 minimum and if they can’t do that they should take care of single mothers properly.

It’s not the taxpayer’s responsibility to take care of single mothers it is their responsibility as adults to take care of themselves & their kids

Annaishere · 07/07/2023 15:26

Makemyday99 · 07/07/2023 15:23

It’s not the taxpayer’s responsibility to take care of single mothers it is their responsibility as adults to take care of themselves & their kids

Single mothers aren’t just adults that should take care of kids solely they are a vulnerable group in society and it can be impossible to do without help

Makemyday99 · 07/07/2023 15:28

Annaishere · 07/07/2023 15:26

Single mothers aren’t just adults that should take care of kids solely they are a vulnerable group in society and it can be impossible to do without help

I’m not suggesting that help shouldn’t be available for those that really need it but it must be properly means tested, the taxpayer should not be the default if the NR parent isn’t contributing.

Theunamedcat · 07/07/2023 15:29

If he is right about the place he is moving too then take the 200 but have you got everything in writing before he goes? A letter saying you can take your own chikd out of the country for a holiday details of his medical issues all that important stuff?

Theunamedcat · 07/07/2023 15:30

Makemyday99 · 07/07/2023 15:28

I’m not suggesting that help shouldn’t be available for those that really need it but it must be properly means tested, the taxpayer should not be the default if the NR parent isn’t contributing.

No the taxpayers should pay it and the dad pays the taxpayer back HMRC is WAY better than child maintenance when it comes to getting blood out of a stone

56253tT · 07/07/2023 15:31

I wouldn’t need anything like that as he’s not on the birth certificate and has no parental responsibility. Like I say he’s never met our child.

OP posts:
Makemyday99 · 07/07/2023 15:35

Theunamedcat · 07/07/2023 15:30

No the taxpayers should pay it and the dad pays the taxpayer back HMRC is WAY better than child maintenance when it comes to getting blood out of a stone

Most men that work are taxpayers so they are already paying it back. Benefits are not there to cover shortfalls in maintenance & children are a choice so to suggest that taxpayers are responsible for a grown adult’s choices is absurd.

Lacucuracha · 07/07/2023 15:38

My child’s Bio-dad has informed me he will be going to work away and that the country he will be working in isn’t on the CMS list of countries they can enforce payment from, neither can CMS get his earnings from HMRC as he won’t be paid by a UK company.

This could all be a lie. Do you know what country?

56253tT · 07/07/2023 15:41

I believe it’s Iraq. You’re right it could be a lie. He’s never missed a payment since CMS was set up 7 years ago. I believe me trying to contact his family about contact has maybe angered him into this work move.

OP posts:
Annaishere · 07/07/2023 15:45

Makemyday99 · 07/07/2023 15:35

Most men that work are taxpayers so they are already paying it back. Benefits are not there to cover shortfalls in maintenance & children are a choice so to suggest that taxpayers are responsible for a grown adult’s choices is absurd.

I would be so proud of our country if there was automatic basic income for single parents

Soontobe60 · 07/07/2023 15:47

Annaishere · 07/07/2023 15:26

Single mothers aren’t just adults that should take care of kids solely they are a vulnerable group in society and it can be impossible to do without help

When I was a single mother I would have been very offended to be classed as vulnerable!
Some single parents will be, some won’t. They are not a homogeneous group.

Mumtothreegirlies · 07/07/2023 15:47

Makemyday99 · 07/07/2023 15:35

Most men that work are taxpayers so they are already paying it back. Benefits are not there to cover shortfalls in maintenance & children are a choice so to suggest that taxpayers are responsible for a grown adult’s choices is absurd.

Most dads are paying tax AND paying for their kids. Why should some have the option not to.

Soontobe60 · 07/07/2023 15:48

Annaishere · 07/07/2023 15:45

I would be so proud of our country if there was automatic basic income for single parents

Surely that’s what the benefits system is there for? To ensure anyone, no matter their situation, has a basic income?

Makemyday99 · 07/07/2023 15:49

Soontobe60 · 07/07/2023 15:48

Surely that’s what the benefits system is there for? To ensure anyone, no matter their situation, has a basic income?

No that’s what a job is for

TalkingInTheKitchen · 07/07/2023 15:50

Makemyday99 · 07/07/2023 15:28

I’m not suggesting that help shouldn’t be available for those that really need it but it must be properly means tested, the taxpayer should not be the default if the NR parent isn’t contributing.

The tax payer isn't the default if the NR doesn't contribute. The is no benefit available to single parents should the other parent decide not to pay.

Annaishere · 07/07/2023 15:50

Soontobe60 · 07/07/2023 15:48

Surely that’s what the benefits system is there for? To ensure anyone, no matter their situation, has a basic income?

Universal credit at the basic rate isn’t enough to live on. Income support is good but is cut at the child’s age 5. I would like to see it extended up to at least age 12