Can anyone give me any info or advice on how the Child Maintenance Service handles what could possibly be a fraudulent claim?
The situation is that one parent has made a claim for child maintenance (2 children) against the other parent without prior warning or discussion, and based on outrageously incorrect facts.
Essentially, the claiming parent has claimed on the basis that they do 100% of overnights. However, the other parent has concrete evidence of an equal 50/50 shared care arrangement including:
- 3 years' of emails between the parents discussing shared arrangements, swapping weekends, etc, including one from the 'claiming' parent that initially agrees to exactly how the shared care schedule would work
- copies of a letter that the 'claiming' parent asked the 'paying' parent to write to the Tax Credits Compliance Office that confirms the equal shared care arrangement
- copies of 3-way email conversations BETWEEN the 'claiming' parent, the 'paying' parent, AND the 'paying' parent's SOLICITOR that confirm the shared care
- a copy of a typed statement that was SIGNED AND SUBMITTED TO A COUNTY COURT 3 weeks ago by the 'claiming' parent that also confirms the shared care
- correspondence from the Child Benefit agency that shows that each parent is receiving child benefit for one of the children (ie, even the CB is shared!)
- documentation from the schools that demonstrate they're fully aware of an equal shared care arrangement
- letters from hospital/doctor that show the children are registered at the 'paying' parent's address and that the 'paying' parent has been responsible for taking the children to appointments (same with dentist)
This is just some of the evidence - there's tons more. But the really worrying thing is that the 'paying' parent has been led to believe that this spurious claim will go ahead if the 'claiming' parent simply maintains that their version of events is correct (ie, that they do 100% of the overnight care).
So, in theory, any disgruntled parent can come along and tell the CSA absolutely anything they like and they'll be believed, meaning the other parent has to pay 20% of their income when they're already doing at least 50% (and often more) of the childcare.
Is this correct? Is there not some way of dealing with a possibly fraudulent claim when there is as much evidence against the claim as this?
Anyone know?
It's really starting to cause sleepless nights.