CSA v's Goverment

[rainbowtexter]

Am really hoping to find some legal genius who might be able to help me. Its an extremely sensitive situation aswell as very complicated.
In brief, as the result of an incredibly troubling situation person A (the mum) has been receiving benefits, aswell as receiving maintenance payments from Person B (believed to be the childs father) for 5 years. Between the parties it was agreed that this would stop when the child turned 5. For many reasons this was decided as the best option for everyone involved in the situation. However, the Mum now feels that the Dad should continue to accept financial responsibility for the child and is questioning whether approaching the CSA would mean having to explain to the benefits office that they had lied for the previous 5 years. The mum is unsure of the consqeunces of doing this, ie paying back overpayment, jail term, criminal conviction etc

Realsiticly

If mum goes to CSA and asks them to chase Dad for maintenence.

Dad will go to Income Support Offcie and dob mum in for cheating the systme for the last 5 years.

Mum will have to go to prison/pay back money/ suspended sentance

Csa will then get money from dad, for years to come. Dad will not get money back but benifits will.

Child will live in poverty through no fault of there own.

Thank you IvyKaty44 this is what I thought. I seem to remember reading an article about a year ago that suggested the law had changed and that anyone who had previously NOT gone to the CSA could now do so without consqeunce but I clearly read that incorrectly. The mums incentive to approach the CSA is actually not money related, she hopes that it will motivate the father into participating in the childs life. The child also has siblings, they have never met. It was the right thing for them at the time, but incentives change and she is worried about the emtional damage to the child of discovering the father, siblings and lack of contact at a later date.
Thanks again for your post.

Bumping my own thread....

I dont think going to the CSA will motivate the father to participate in the childs life - if anything it will simply make the situation worse given the details above.

Contact and maintance should always be separate, even the courts believe so.

Ivy's right, if she goes to the CSA he will simply report her for benefit fraud and 5 years worth of payments that she was not due would result in a criminal record. The new rules have only just come in and you still have to declare the money even on private arrangements for IS purposes.

Thank you HappyMummyofOne for your input, I will pass this on.