CSA question

[HaLaMa]

DH has 3 children, the oldest 2 were resident with him, youngest 2/3 nights out of 7 with him, rest with mum.

Mum was assessed to pay through CSA, but we chose the direct pay option, and at the request of all 3 children never collected. In total there are 5 years of arrears totalling circ £10k.

The middle DC stopped being due CSA monies about 18 months ago, we estimate arrears to now be circ £8k.

However exw has now put in a CSA claim of her own for youngest. CSA have said the arrears dont count as we went for direct payment.

Im furious, we are carrying a significant amount of debt and yes I was happy enough not to have taken her money (id rather have choked than see her "without" in the DCs eyes), but I feel like the CSA are penalising us for being "nice".

Is there any point in arguing with the CSA re the arrears, or have we just got to accept that its our tough luck.

You can still go after her for the arrears. The CSA won't set them against ongoing maintenance in its entirety though.

The CSA is the enforcement agency. If they won't enforce, make a complaint.

even after 18 months?? Im livid, so if they cant set it off against on going maintenance, but they still chase her, I dont want the money, Im just furious after the call I had yesterday, they were absolutely uninterested in her arrears, said because we were on direct payment, they didnt apply, I thought it was wrong.

That's not what I posted:

The CSA won't set them against ongoing maintenance in its entirety though.

They'll not expect her to go without entirely while she's paying the arrears.

Just because you were generous/soft (delete as appropriate) in not collecting the maintenance, doesn't mean she has to follow suit.

No it doesn't - our mistake - should have enforced at the time, we'd be in a lot less debt and so not so affected now.

Then again - no-one can say we haven't supported the DCs.

As far as I know the CSA will only collect from the date you start the claim, they won't collect ANY arrears from when you had a private arrangement, so you may have to write off the arrears altogether