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maintanance question

8 replies

NettleTea · 20/07/2012 22:14

have posted this in relationships, but thinking that thismight be a more appropriate place to put it

Split up with EA, VA and FA ex about 10 years ago after a pretty horrifying marriage. DD was just 2 at the time. Realised the full extent of his abuse thanks to mN in last couple of years and accept that he is, most probably, a narc.
For 2 years he did the expected messing around with contact with DD, arranging and cancelling, turning up late and screaming abuse if i called to see where he was, the predicted game. He had made great claims as to what he would give me as maintanance, but in reality I kept a tally and after 2 years it was a third of what he had offered (which I hadnt thought he would actually be able to afford, but he ho) And he had seen her about 20 times in those 2 years if I recall....
Then DD was diagnosed with a condition which meant that I had to change from being a full time student to a part time student, and applied for JSA which, at that time, meant that I had to then involve the CSA. Ex was not impresssed and didnt believe me when I told him I had no choice (a pattern, as he tended never to believe a word I said, even though I had never been proven to lie and he was almost compulsive in that respect)
anyways, he was self employed at the time and they calculated the grand sum of £5 a week. he never paid. they ammassed arrears but nothing much ever seemed to be done about it.
In 2006 something happened which meant that contact was stopped, and as he refused to deal with it he ended up not seeing her until 2010. During this time he went abroad for about 9 months and I only knew he was back because I suddenly noticed csa payments coming into my account for the first time. he was signing on. More stuff happened and eventually we managed to get to court and he started supervised contact with dd and my mum. Supposedly every 2 weeks, but probably averages out at every 3 weeks. Started around June 2010. A little way in he started giving dd some money when he saw her, and shortly my mum took the money to give to me towards maintanance. Some of the time he was signing on and i got CSA, some of the time he wasnt and I didnt. I know nothing about his work situation there are suspicions of some dodgy dealings and he always runs a car/has cash/holidays/private doc appointments, etc.
Recently CSA have been in touch with me. He has signed off and I guess they want to calculate his wages and make him start paying the arrears. He has told them that he has been giving me money, and I sent the court order and worked out about how much he had given me, and they have taken it off the arrears. He wants to pay me direct. He has told my mum that he wants to give me £20 a week, as thats what he gives the mum of his other kid, if he can afford it.
Twice now my mum has said I need to let him pay me direct, and when I have said I would rather have CSA deal with it she has got all cats bum mouth and said 'well I will keep out of it'
I tried to explain that he isnt really giving me any 'extra' as what he gives me is just clearing nearly 6 years of arrears. She and him are a bit buddy buddy, although she likes to laugh at him and point out his failings. All I want is for him to be nice to DD, and she seems happy to see him with the current set up.
Now he has texted me and asked if my mum has spoken about the money. i think I am being reasonable in just wishing to keep it with the CSA. I assume if I stop that, then I will lose the chance of EVER getting any arrears back, and tbh the amounts are so paultry given dd is starting secondary school, I think its more the principle at stake here than the money.
Im not sure i trust him to pay maintanance reliably. I dont see why I should write off what he didnt bother to pay. I dont really want to have to deal or not deal with him, and I would rather he didnt make himself feel like the big man giving my mum £20 quid when he sees dd, and that they just collect it directly on my behalf. I dont have contact with him, so I guess I will have to face my mothers disapproval and CBM again, and tell her I am quite happy with the csa doing it. But think it might blow up in my face
I dont really know what I am asking. Maybe just a reassurance that its OK not to do what other people seem to want me to do....

OP posts:
STIDW · 20/07/2012 22:37

Can you clarify what the court order was for?

NettleTea · 20/07/2012 22:49

the court order was a prohibative steps order to prevent him taking her from my care without writen permission, and to prevent him being allowed to go to her school.
At this point he agreed to supervised contact (which he had previously refused to consider) which was given as 2 hours every fortnight, supervised by my mum, and confirmed in writing at least 48 hours in advance. He has already managed to get my mum to be the one who chases/reminds him about contact rather than arranging/confirming it himself.

OP posts:
MissMogwi · 20/07/2012 22:49

I would leave it with the CSA. If he stopped paying you directly, you'd have to go back through the CSA and the whole palaver again.

Really, the child support is none of your mum's business and she shouldn't question your decision. Don't worry what she or the ex think you should do, stick to your guns.

BreakOutTheKaraoke · 20/07/2012 23:15

Stick with csa. You would lose the arrears if you left, and could you really be bothered to start up the claim again when he lets you down?

STIDW · 21/07/2012 01:00

The CSA seem to be having a push to clear up old cases and encouraging parents to negotiate a child maintenance agreement in preparation for the introduction of the new scheme and computer system later this year.

One option is to make a private binding agreement that may be enforced through the small claims court. If the debt is substantial I would recommend staying with the CSA for the moment at least and perhaps review the situation when the CSA start charging.

ATourchOfInsanity · 21/07/2012 01:11

I have a similar sounding ex and he managed to keep me from contacting CSA for quite a while. I am so glad I did - although I don't get my back pay until next month so not seen anything yet - they are the ones chasing him and not me. I cannot explain how much this has simplified my life. He has even pretended to leave the country and have liver failure (turned up unnanounced about a month ago to tell me this and begging me to call off the CSA as he was hanging onto his sobriety by a thread) and yet, after making it all the way here still didn't even mention our DD, let alone ask to see her. He made my pregnancy a living hell with his lying, leaving, drinking and emotional blackmail. I know that personally I don't like conflict with him and wouldn't be able to push this through without the CSA. They have been great and seem to have really put the wind up him, which is something I could never do, and he looks as though he might actually pay for something for his DD for the very first time!

Yes, it probably sounds like I am hiding from him behind them, but with these men who dodge their responsibilities and will do anything not to pay, the less they are in your lives directly the better. Good luck x

NettleTea · 22/07/2012 21:00

well, I told my mum I was going to stay with the CSA, and he had texted her to ask what was happening, and we had a chat and she fully understood my reasons why I wanted to keep it that way, and supported that. I said that at the end of the day I will probably end up with less than he pays for his DS, and less than he was giving more recently. my mum pointed out that she wondered why he felt is was OK to pay £20 a week for his DS who is 4, whereas he paid half that amount - which he claimed back off the arrears - for his DD, but I said I didnt really care, we have done without his money for so long I am not going to be jumping with joy for the crumbs off his table.

So she texted him that I wanted to stay with the CSA, and he got a right strop on, and texted her back that I would get what they assessed and nothing more. Although my mum did then text him further to say that was fine, but that he would have to pay the arrears as well, and CSA would collect that too.

Wondering if his big promise to get DD a laptop before she starts secondary school in Sept will come to fruition. He will really shoot himself in the foot if he doesnt come through, as thats all she has been telling me, that her daddy is going to buy her a laptop, that she is going to definately have it before she starts school. We will see. Dont suppose we will see what he promised about school uniform either, but then I never really expected to.

OP posts:
ATourchOfInsanity · 22/07/2012 23:14

Good for you.
Always expect little or nothing where these men are concerned!
Good luck with it all, I am sure it will be easier for you this way :)

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