Terminally ill and CSA say CSA debt will die with me

[Help48xxx]

Hi all,

 

I have terminal cancer and am trying to get my affairs in order. One of the issues is arrears owed to me for support of my son currently standing at £5k+. I contacted the CSA today to see if they could make my ex husband pay more than the £100 pcm he has been paying on this debt since July 2011 as it would take 5 years+ for the debt to be repaid to me/my son. It should be noted that my son is now 19 and I have been fighting the CSA on this issue for almost 18 years. I wanted an assurance that when I die the maintenance payments would continue to be paid to my son. I'm sure you can imagine how devastated I was to be told, (after being put on hold for 15 mins by them whilst they asked their legal dept), that the child support debt owed by my ex husband will die with me. I have been battling cancer since 2003 and worked through chemotherapy and radiotherapy to support my children, (I also have a 25 year old). I have done everything possible to ensure my children had a safe and happy home but it meant me working through serious illness and not taking the time I probably should have to get well. My cancer returned in 2010 and more recently in Nov 2011 in myliver. In short, I am dying.

 

I need to find a way to ensure that this moral debt is repaid and know that I won't live the 5+ years the CSA say is necessary for the arrears to be paid. It may seem to some that I should be focusing on keeping well, but I will leave my 2 beautiful childen essentially orphaned when I die and I feel strongly that their Father shouldn't be allowed to get away with his moral obligation to provide for his children. I never waivered on loving and supporting them for most of their lives, and so this is very important to me.

 

I could do with some help and idea's on how I can possibly contest this ridiculous rule that the CSA have. This is for the good of my children essentially, but also, if necessary to get the rules changed so that any debt owed by a negligent absent parent is intact even in the event of the death of the Parent with care.

 

Any help would be greatly appreciated.

[Beamengine]

I think that there is some confusion over the use of the word debt. It is true that if you have debts then when you die they will die with you but this is not your debt it is your ex's. He is in arrears in his obligation to maintain your children has result in his debt to you and this would normally go to your estate. Try to get the CSA's decision confirmed in writing and then take the matter up with your MP as it was the CSA'a failure to enforce collection in a timely manner that has resulted in this situation.

I hope this helps and that you live long enough to see the arrears cleared.

[Stressedandfedup]

Essentially if there isn't a PWC to pay the arrears to, they cannot collect it.

Unfortunately the law doesn't allow for the continued collection after the death of the PWC.

The case is between u and ur ex and by law has no involvement from the (ex) qulifying child. The only thing I can suggest is that u go to ur mp to take the issue to parliament. I think the NRP should clear his debt and the money would go to the relevant children. U have raised a very good point. But as it stands at the moment, there is no provision in legislation to continue after the PWC dies. As technically the money is owed to the PWC (like urself) as they've already used the money before they get it.

I know that when a NRP dies its possible for the CSA to apply to their estate for the arrears. Although that doesn't help u. Best Wishes.

[jack1966]

hello, i have read your post and it seems you have a lot of anger inside of you, let it go, love means more, im sure your children will be well taken care of and any needs they have will be fulfilled ten fold.

[jacob18]

Wow i am so sorry , all i can say is that even when my daughter goes past the age of 19 or when they leave formal education and i can keep going for the arrears , however long it takes , so i would chaeck up on that. My ex hasnt paid a penny , but i always reply to their letters to ask me if i want to carry on , so i would go to a solicitor on that asw the csa are still as useless as ever ! Sorry again. It could be possible your son could carry on with it ?

[jadeybags]

Please lord, I hope the OP didn't come back & read that 4th post

[Lillibelle]

Please lord, I hope the OP didn't come back & read that 4th post

 

Me too..........how totally patronising !! OP only wants what is rightfully her childs......why should backdated support be denied?

 

Help48xx........I hope and pray on everything I hold holy that your time on this Earth is long and peaceful

[snugs1235]

You have my deapest sympathy help48. I dont have any experience with the CSA and I have no children. However, is the money not owed by your ex owed to you in return for the money that it cost to bring your children up? If this is the case then perhaps you could have peace of mind in the fact that you know that your children had all that you provided during their childhood. Your ex may be wrong to have not provided it but you did and you should be proud of that, I am sure your children are.

 

Are you on talking terms with your ex? In the circumstances would it be possible for him to make an agreement to continue the payments but to make them to your children?

 

Otherwise, it could be worthwhile seeing a solicitor, there are some who offer a free consultation to start with. If you are on certain benefits then there is also community legal advice who offer free legal advice.

 

I think post 4 could have worded it better, but if you know you only have a certain amount of time to live please try and enjoy it as much as you can.

[*Thumper]

Hold the bloody Phone !!!!!!!!!!

 

1st of all, I'm so sorry, to hear of your story. I'm sure you must be devastated.

And I'm bloody amazed, you are thinking more of others, than yourself at this difficult time.

 

Please excuse my plain speaking. I need to make a point here.

 

So!, the debt dies with you, does it??????

 

Your child, will still be alive.

Your child will still need support> I know he's 19 now. But you may have borrowed on the basis

the outstanding would be repaid.

And thats just one reason, in a hundred, for why the debt is a debt, is a debt, till paid .... for your son .......... not you !!!!!!!

 

CSA payment, are for the contribution to dependants upbringing, by absent parents.

 

Go see you MP .................... Now !!!!!!!

 

(I'm spitting !!!)

[jack1966]

what was wrong with my post? at the end of the day, things arnt about money, its about love, are you telling me in your time of need your going to squabble over money issues ? the reason the poster thinks of others is to get the house in order, its a process that people do. im more than sure the father will be there in time of need, at 19 years old a man stands up for himself as im sure he does.

Edited December 11, 2012 by jack1966
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[*Thumper]

Troll !!

[antone]

what was wrong with my post? at the end of the day, things arnt about money, its about love, are you telling me in your time of need your going to squabble over money issues ? the reason the poster thinks of others is to get the house in order, its a process that people do. im more than sure the father will be there in time of need, at 19 years old a man stands up for himself as im sure he does.

 

What was wrong with your post is that it was patronising and unhelpful. We're here to offer practical advice, and the OP was seeking such advice. We're not here to judge who is "angry" or whether people love their children sufficiently. Please don't do this again.

[csaqa]

Sorry is this post is a little late, however, if there is still a live case at the point which the OP passes away a new application can be made by whoever takes over care of the child. If the application is made within 8 weeks of the death then the arrears can be carried over if the new PWC requests it