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Maintenance advice please

18 replies

shockshockhorrorhorror · 05/11/2024 16:25

Hello all. I am looking for advice please. Trying to cut a long story short. In 2019 my DSS was sent to live with us at age 12 as his Mum no longer wanted him, her boyfriend was violent to him and used drugs, but she wanted the boyfriend to stay and her son to go instead. He lived with us for 2 years and she had no contact and refused to pay maintenance. He eventually went to the CSA and she refused to deal with them and after the first year they said he could have £7 a week taken straight from her benefits which also took time
This was during lockdown and he had lost his Job and my hours got cut and we had to borrow money from my mum to survive. They in the meantime were hoovering up cocaine every day, as confirmed by the social worker. Fast forward to 2021 and she splits with the boyfriend and wants DSS back. The.boy, desperate for his mum's attention goes running back, which we understand. Unfortunately there was a lot of shit stirring from the mum and DSS didn't want anything to do with us anymore. He became so violent to us at one point we were placed under police protection. DH and DSS became estranged. His mum went to the CSA and DH paid maintenance, he always paid maintenance before DSS came to live with us.
DH met up with DSS in October 2023 after being estranged for 2 years and he had just left school. He had been kicked out of college for bad behaviour. His Mum had not told the CSA or anyone. DH carried on paying maintenance in the meantime while waiting to hear something but never did. The College would not speak to him to clarify when he left so he could not get any information from them, even though he has full Parental Responsibility. He spoke to the CSA and they said only the Mum could tell them he'd left college, which struck DH as a little unfair as he felt he was being taken for a ride., like his word didn't mean anything. So he stopped paying, he doesn't know where DSS lives as she left the area and he does not have a number for her and she blocked him on Facebook when he messaged asking for clarification. He has no number for DSS and they very seldom speak. DSS is very aggressive and now also using drugs.
So a year after DSS left college and has not been doing anything, not working nothing, DH is getting threats from the CSA that they will collect arrears directly from his wages. He is telling them till he's blue in the face that DSS is not in Education and is collecting Child Benefit Fraudulently and they keep saying it has to be her that contacts them and tells them, not him. Which she has no intention of doing. This seems very unfair. We even called the Child Benefit Line and reported her but they don't know how long the investigation is going to take, and my DH is about 6 weeks away from having money taken out of his wages whilst she also still gets benefits for a 17 year old who hasn't been in education for a year. If he has just gone back in September, then nobody has informed DH and that is not his fault as nobody will bloody talk to him!. This is not about refusing to pay maintenance. As I said he has always paid, the child then lived with us for 2 years whilst she refused to pay us. He did start paying again after DSS went back to her but just felt he was having the piss taken out of him as DSS wasn't in education. We really don't know where to turn as we don't know if the Child Benefit Fraud investigators will communicate with the CSA. Of DSS wants anything, DH will help him out. He doesn't want to give him cash because it will go on drugs. But he said if he is at college, he'll pay for a bus pass, but equipment etc. He wants to help by buying things that help rather than give cash or give it to the Mum who claiming fraudulently.
Sorry it's so long. We don't know where to turn.

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DuckBee · 05/11/2024 16:47

Contact your mp. You have put a lot of detail in there which is irrelevant - maybe do a factual timeline for the mp?

M0rven · 05/11/2024 17:05

He needs to pay the arrears or they will take it from his wages.

Then he needs to get proof that his son has left non advanced education and submit that to CMS. They are slow to investigate , it could easily take 12 -24 months, maybe longer.

Im wondering why he’s so reluctant to support his son who obviously had issues and needs help from his father. why don’t you have him to live with you again , that way you can be sure that the money is spent in a way you approve of?

No33 · 05/11/2024 17:14

Contact your mp. I just had a similar issue and it was sorted within a week.

Upload proof that he is no longer in education and send this to your MP too.

shockshockhorrorhorror · 05/11/2024 17:48

M0rven · 05/11/2024 17:05

He needs to pay the arrears or they will take it from his wages.

Then he needs to get proof that his son has left non advanced education and submit that to CMS. They are slow to investigate , it could easily take 12 -24 months, maybe longer.

Im wondering why he’s so reluctant to support his son who obviously had issues and needs help from his father. why don’t you have him to live with you again , that way you can be sure that the money is spent in a way you approve of?

I blatantly said he is not reluctant to support his son. He always paid maintenance as he should and then the Child lived with us and we supported him whilst the Mother refused to pay a penny. And he paid maintenance after his son went back despite the fact that Mum has arrears. He stopped after the son left college and absolutely nobody was forthcoming with him and he was treated like a second class citizen and was having the piss taken. He has always supported his son and said he would provide other things he needs rather than give cash. He is a good Dad. There seems to be a different attitude towards mothers refusing to pay Fathers maintenance. As for the boys issues, the mum's treatment of him throughout his life is a huge factor in that and DSS was under a child protection order when he went back to her. When he lived with us he was settled and did really well and we worked alongside social services and she came back on the scene and destroyed it all. I'm sorry but I'm so upset. Why is it so hard to believe that some decent Fathers are up against shit Mothers?

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shockshockhorrorhorror · 05/11/2024 17:50

And the boy won't live with us again, we've been under police protection from him. He is estranged from his Dad because his Mum really stirred the pot and that was a big part in the child protection order. My DH ended up suffering a nervous breakdown and was hospitalised. It took him so long to recover and I'm terrified he's going to get ill again. Nobody is saying he shouldn't pay but he feels he has no voice against a mother who is cheating the system

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shockshockhorrorhorror · 05/11/2024 17:57

The boy WANTS to live with his mum because he is desperate for her attention. At 17 that's his choice. But I'm so upset and hurt that when we were on the bones of our arse and didn't have £10 to get DSS a pair of shoes this Mother did nothing and I had to borrow off my mother who doesn't have much herself. And the mum still has CSA arrears that she owes us that are just ignored and CSA say there's nothing they can do but they send my husband threats. We've just lost our home we are currently in Emergency Accommodation and now this. I'm on the verge of a breakdown myself.

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shockshockhorrorhorror · 05/11/2024 18:04

Also he has no proof to submit. The College wouldn't provide proof to DH when he contacted them. It's well known the boy does nothing, doesn't go to work or study and she claims for him. But that means nothing without proof.

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LocalHobo · 05/11/2024 18:25

I am so sorry to hear about the distress caused to your DSS, and now to your DH and you. It really does seem so wrong that an obviously feckless parent has treated your DSS with so little thought for his wellbeing.
Why is it so hard to believe that some decent Fathers are up against shit Mothers? Absolutely.
I would contact your MP's office as advised above. Also contact the governors of the college pointing out your DH has full PR and as such has a right to know if his DS is registered/attending the institution.

shockshockhorrorhorror · 05/11/2024 18:42

LocalHobo · 05/11/2024 18:25

I am so sorry to hear about the distress caused to your DSS, and now to your DH and you. It really does seem so wrong that an obviously feckless parent has treated your DSS with so little thought for his wellbeing.
Why is it so hard to believe that some decent Fathers are up against shit Mothers? Absolutely.
I would contact your MP's office as advised above. Also contact the governors of the college pointing out your DH has full PR and as such has a right to know if his DS is registered/attending the institution.

Sorry I don't mean to come across as unhinged but I get so frustrated at how a Father and a Step mum are considered to be lesser family members. It takes a village!. My DH just feels that as a Father it's a case of your son is none of your business but your money is good enough so keep paying for him and go away. He has PR and no court orders saying he is not allowed near the child or that sort of thing. The boy lived with us for 2 years, we fed and supported him day in day out with no help from the mother, how can people suggest he doesn't want to support his son?. I'm sorry to be intense,.it's been 17 long years.

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DuckBee · 05/11/2024 22:00

You mention you have lost your home. Do you have priority debts that excludes you from paying maintenance? You need to check the regulations.

M0rven · 06/11/2024 15:26

The CMS don't care if shes a shit mother or how you feel or your views on raising a child . They don't care if he’s willing to buy a bus pass or give money to his son instead or paying maintenance of if the college wont speak to him and that’s unfair or is his mum uses drugs or is violent.

All they care about is the father paying the amount that he’s been assessed for to the parent with care . So either he pays CMS now or they will get an order to take from his wages. So if you don't want that to happen , send the money to CMS

Thats your two options here.

I understand you don't agree and have strong views and think he shouldn’t have to pay but they have the law on their side.

TheDefiant · 06/11/2024 20:45

Is DSS only 17? Isn't maintenance paid till age 18 regardless of education status?

Zanatdy · 07/11/2024 06:20

These are two separate issues. Whether she is fraudulently claiming benefits for her son being in education or not, your DP surely is still legally obliged to pay maintenance. He just needs to pay, it won’t be for much longer unless of course he goes back to college as then its 20 I think in which maintenance should be paid until. I agree its not fair, especially when she didn’t pay but he will only end up paying more.

Are you saying your DP shouldn’t be paying if he’s not in full time education as I assume he has to pay regardless if he is under 18. So confused why you are waiting for this investigation before he pays maintenance. He is going to have to pay arrears too.

Relaxedandchilled · 07/11/2024 06:29

He can’t just stop paying maintenance, and he doesn’t have the option of I’d rather buy a bus pass. He either pays it or they will take it from his wages.

the rest is noise, he needs proof he isn’t in education and she’s fraudulently claiming, and it sounds like he doesn’t know for sure, he maybe back as you say,

the options are pay or have it taken.

Quitelikeit · 07/11/2024 06:31

I’m sorry to hear about you losing your home

I assume you claimed top up benefits when your son was living with you

I cannot believe that the CSA are not interested that he isn’t in college!

your local mp is literally an email away - google and you should get a response fairly sharpish

Relaxedandchilled · 07/11/2024 07:25

Quitelikeit · 07/11/2024 06:31

I’m sorry to hear about you losing your home

I assume you claimed top up benefits when your son was living with you

I cannot believe that the CSA are not interested that he isn’t in college!

your local mp is literally an email away - google and you should get a response fairly sharpish

Child maintainance isn’t reliant on the kid being in education, you need to pay for your child.

M0rven · 10/11/2024 09:21

The CMS have tens of thousands of non paying resident parents who have every reason in the book why they are special and they shouldn’t have to pay for their child because Reasons. They all believe that the resident parent and the tax payer should pay everything so they don’t have to.

The reasons are mostly variations on the themes that the Op has raised here - they don’t like the ex, they don’t like the child and they want to spend their money in other ways. That £25 a week child befit is a HUGE amount of money and plenty to house , feed and clothe a child and that the resident parent is clearly spending all the spare money on getting her nails done / buying cocaine / holidaying in Dubai.

They all think they are very original and special but they are not. Just a bunch of feckless men ( and their new partners ) who think they don’t have to pay even a tiny amount for the children that they made. That’s women’s work🙄

shockshockhorrorhorror · 23/11/2024 14:49

I know this thread is a bit old now. I'm surprised to see some comments still manage to twist round that all Fathers don't pay for their children. DH has provided for his son his whole life, of course. DSS lived with us for over 2 years and BM refused to pay for him he had to just suck it up as many mothers do, I understand. He's always paid maintenance and other things on top, which is absolutely as it should be but I say this because he is not one of those shit dads that doesn't pay. If DSS needs something, he will give it, and he has always said he's happy to come to a private arrangement but what he doesn't like is having the piss taken out of him, because she has CSA arrears that she owes him that he will never get, plus she's been claiming benefits fraudulently for over a year and getting the CSA to chase him like he's some kind of criminal. That's what he doesn't like.

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