Missing father of DS, can the CSA award back payments?

[Heleninahandcart]

DS father has never paid a penny. He went to Australia specifically to avoid responsibility and maintenance. At the time the CSA told me they could do nothing. Later they advised I would have to take a more convoluted route involving court here, then Australia. I have no idea where in Australia he claims to be. There were other reasons why I did not progress this.

I believe DS father may now be in the UK (tracked him down on electoral roll). DS is now going to be 18 in a few days. DS will be in full time education for the next year at least (repeating a year at school and possibly University). He will need the financial support.

I have repeatedly tried to contact CSA without any luck. Is there anything I can do? Do maintenance payments continue for DC in full time education? Does it make any difference if I claim before or after his 18th birthday? Grateful for any information as I feel like I have been swimming through treacle with this.

Up until his 19th birthday if he remains in secondary education. After that it's the court.

Can't be backdated.

Thank you Collaborate. At least he would have something for a year.

He can apply himself to the court for higher education maintenance.

I had no idea about this, thank you.

Is the higher education maintenance something specific to non resident parents?
Also, do you know if I should initiate a claim prior to his 18th birthday for maintenance until he is 19 or is the 18th birthday irrelevant?

You should get him to apply for maintenance before the CSA ceases to have jurisdiction (I'd say around 4 months prior) but only when you're sure he'll go into higher education. No point doing it now in the hope that he'll get the grades (or be inclined) to go.

There was a recent case in the papers of a man who had to pay 16 or so years of CSA (several thousands of pounds but reduced to around 18k on appeal). The CSA only persue payment from the time a claim was made so I assume this case was on record for all those years. As you contacted them many years ago would that have any relevance to your case or does the Australia connection make it more complicated? Worth mentioning it to them when you call and querying this. www.dailymail.co.uk/news/article-1153403/Father-lose-flat-CSA-demands-18k-upkeep-son-16-knew-had.html

When he's abroad for that length of time the CSA lose jurisdiction. Maybe there are arrears from before the time he went there.

I don't know about the age thing as dts are still only 10 1/2 but in the 5 years since walking out on us ex-h had avoided the CSA, until a few months ago. He is now having (not paying as there is no way he wants to do this) the amount taken from his wages, backdated to when he left and the claim was made.

They can't cry foul when they shirk their financial responsibility to their children.

Thank you all for your help. The CSA actually called me today and are now on the case. That article about the back payment is useful, in our case I doubt DS will get back maintenance as I do not think I was able to make an original claim as when I have tried periodically, the CSA said they could do nothing. Apparently something is on record so we will see, they will let me know in the next few days when they have dug any records out.

Well its down to them if they didnt keep adequate records, but i suppose if they fobbed you off as a simple 'enquiry' then thats maybe that! I would still kick up a bit of a fuss, you never know if you dont try good luck.