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Child Maintenance Arrears - recovery

1 reply

babyjoules · 21/10/2014 12:57

Not sure whether to post here or in "Money" sections - so will do both.

Ex owes me about £1200 in Child Maintenance from the start of the claim via the CSA 2 years ago. We agreed it would be "Maintenance Direct" and although CSA calculated his liability and sent us both liability award notices he was due to pay me direct. He didn't and I stupidly didn't get the CSA to start to collect the payments for about 5 months.

He appealed the liability at the time (that he wasn't paying) and it went to CSA appeal then to a Tribunal. He stated he had our child 3 nights per week, he didn't it was 1 night a week. He had no evidence and didn't show up to the Tribunal Hearing so the Judge found in my favour and I have a Tribunal Decision notice from the Judge stating his liability is X amount for X dates.

He has never paid. CSA can't chase him for the arrears for that period as it was Maintenance Direct. I have a letter from CSA stating they can't collect the money and they never have at any point.

My question is please lovely people - can I go via the Small Claims Court to get this money from him? The Tribunal Decision Notice is very thorough and clearly states what his liability was ( it matches the CSA liability notice too) and for what dates. It makes it very clear he is liable for the payments. It is of course Court stamped etc.

OP posts:
perfectpeach · 26/10/2014 15:24

I am not an expert but with all the evidence in your favour, in your shoes I would definitely go to the small claims court. You can claim for anything and you have enough evidence for the claim to be found in your favour, in my personal and non-professional opinion

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