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Cash paid maintenance
#1
Hello, although we don't have any finances agreed as yet or maintenance agreement in place I pay voluntarily an amount to my ex for child maintenance, this sum being what my solicitor has advised, I pay monthly via bank transfer, but now my ex has requested I pay her cash as this will enable her to claim additional state benefit, as it will not show up on her bank statements.
Just wondered what advice or opinion people may give me on this.
Thanks
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#2
DO NOT DO IT.
I am proof this does not end well. if she is insistent, explain you need proof for your records. If you are complicit in her committing benefit fraud you may be held liable and prosecuted. Especially if it shows you paying through the bank and then stopping, it confirms your associated guilt.
Also if the CSA become involved they will not count the money towards what you have paid and will make you pay it again as you have no record.
my ex pleaded for extra money, which i gave, but when i tried to offset this with the CSA when she got vindictive, i had to pay again.
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#3
Yes mate her maintenance payments will not even be taken into account for benefits she is talking out her arse you pay her in the bank keep doing it no matter what but you really need to get it legally drawn up or she can still go to child maintenance at anytime even though you pay. Krapton is right mostly but they wont backdate a CMS case but will make the effective date from the day she calls. Dont mean to be be rude but they dont give a shit that you paid her yesterday in hand or in her bank if she calls them next day. You could approach her and explain that her benefits wont change my ex is at college and has been for last 4 years now and she still gets every bursary and benefits and 450 a month of me soon even though I been paying 300 a month for 4 years direct to her bank. Good luck
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#4
(01-24-2017, 11:24 AM)NewHill123 Wrote: Hello, although we don't have any finances agreed as yet or maintenance agreement in place I pay voluntarily an amount to my ex for child maintenance, this sum being what my solicitor has advised, I pay monthly via bank transfer, but now my ex has requested I pay her cash as this will enable her to claim additional state benefit, as it will not show up on her bank statements.
Just wondered what advice or opinion people may give me on this.
Thanks

Do not do it. Child Support and Child Benefit is not considered as income when looking at any in or out of work benefits, including JSA, ESA, DLA, Tax Credits or Housing Benefit.

If you do not pay in a way you can evidence, she could claim you never paid, put CMS in and try to make a case for you to be on collect and pay, where you have to pay extra admin costs.

If she believes she will get more benefit that way, then what she is asking you to do is help her defraud the tax payer.

http://www.entitledto.co.uk might be worth mentioning to her. It checks for anything you can legally claim.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#5
Even if you give her an extra £20 here and there NEVER pay cash. Ever!

Make it a golden rule.
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#6
Hi,

The biggest problem for you is that you have knowledge of her intentions and that you would support her in doing so.

This will backfire on you big time and can then be used against you. Do not make yourself vulnerable and avoid a bad situation for yourself.

Apart from the above if the receiving parent is requesting payment in cash and is able to sign a receipt that she/he has received the money and if the reiceipt says what the money was for I can't really see how CSA have a case against you. The receipt needs to be bulletproof tho. It's complicated, unpractical and odd but not completely impossible.

L.
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#7
Look even if you pay into her bank through direct pay you should even name the regular payment maintenance as CMS advised me earlier that they might not take it as evidence if it not been marked maintenance. You would think the fact it's from my account and exact amount I meant to pay every month going into her account was enough. Don't pay cash mate, I would not give any money unless it from my bank to hers. Cheers
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#8
Thanks for all the advice on this, I shall take all this advice and only continue to pay maintenance as a bank transfer, I did think this was the best way as it proves that I have made payments, I do label each payment as Child maintenance Jan 16 etc..
Also there is no way I wish to be party to any benefit fraud she is thinking about doing.

Many thanks

J
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