Hello there,
I'm looking for a little advice.
My son has split from his partner and is now living back with us, they have one child aged 2 yrs who is still with his mother in the home they used to share.
In short, she was cheating and now has a new partner (within 24 hrs) living with her.
My question is that my son has been handing over cash payments to his ex for the child at roughly 15percent which we believe is the rule of thumb.
However, as it is evident that he cannot trust her, he has asked for bank details so that he can set up a direct debit payment each week , so that there is a record of the payment.
She doesn't want this going into her bank account, (presumably as she is claiming as a single parent, who knows?) and has suggested that a direct debit be set up to go into the child's bank accout.
Is this legal, or should he insist on the money being payable to her?
Or even, should he contact the CSA?
Any advice would be helpful
Thank You.
Hello sparkykink
Welcome to One Space!
I am not sure why she does not want this money to show as being received into her bank account. The law has now changed so that people on Income Support and Working Tax Credit (including single parents) can receive Child Maintenance without it affecting her benefit. You don't even have to pay tax on it. I wonder if it is something to do with her not wanting him to have her bank details?
I agree that it would be helpful for your son to be able to "prove" he has paid the money. I do not see a problem with him paying it into the child's bank account, as such, although I would recommend that they draw up an agreement which states the amount of maintenance, when it is to be paid, when the agreement is to be reviewed, and expresses clearly that she, the mother, has chosen to have it paid to the child's account. If your son looks at the Child Maintenance Options website then there is help and guidance there for drawing up your own agreement
Hope this helps.
Is your son able to have plenty of time with the little one and are you seeing the child also?
Hi and thanks for the prompt & helpful replies,
Yes, he gets to see him at weekends and have him overnight on Fridays with us , although I suspect that it's probably more designed to suit her rediscovered nightlife rather than any thought for our son, but as long as it suits it's fine by us.
Best Regards,
D
That's great: don't worry about the reasons behind it, it is just nice that he sees his son and you are able to see your grandson!
Do not under any circumstance pay child support to any bank account other than that of the mother or carer , i Have for 14 years paid by standing order some £29,000 into an account set up by the mother of my son , the mother has recently gone onto benifit and the csa have come to me for unpaid child support , the csa accept i have paid the money , but they have classed this as pocket money .I have had 3 court appearances and 3 reviews of my payments , the judge also accepts my payments were made , he believes them to be for child support , however the agency has a hand book that say not , he is bound by the csa and has told me he is duty bound to pass sentance on me on wed this week unless i agree to repay the full amount again
i have spent so £3000.00 on legal help and the outcome is i have to pay it alover again
Do not pay your kids !!!!
and if any other legally qualified person can help me before 10am wed please? i am refusing to pay twice and will almost certainly be sent to jail !
Hello simon.fox
I am deeply shocked at your story. Not only have you paid the money anyway but also I thought a CSA ruling could only be backdated to the date of the claim. It sounds as if I am wrong in thinking that!
We have a legal expert on our team, email her here. Also have a look at this specialist website for people in your situation here
My own suggestion is asking your ex wife to write a letter to the court asserting that the money has been used fro the support of your child. I would also be in touch with your MP as it is ludicrous that a judge cannot overrule the CSA handbook!
Hi
I don't believe that he will be able to pay the money by DD to the child.
If she won't accept a DD, then maybe he can pay her by cheque. That way he can show who the cheque was made payable to.
It is up to her then if she chooses to cash it.
I believe he can approach the CSA to set up payments with, as they will collect the money and pay it to her.