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chattykathy | 22:48 Thu 27th Nov 2008 | Law
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For the last 14 years my brother has been paying child maintenance to his ex partner for his daughter. This was a private agreement and was paid either in cash or into her new husband's bank account. However he has started to receive letters from the CSA saying he owes around �40,000 for his daughter's maintenance!!.
We think in a fit of pique after a falling out ,she reported my brother to the CSA for not paying but she and her husband have claimed benefits for years and we think she has not declared the money she got from my brother. The latest letter says he should report for an interview under caution? What should he do? Hope someone can help
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take any evidence he has, and I'm sure he'll be fine.

as for the other 2.. they'll probably be in deep sh!t. I hope he will provide them with all the info they need to redirect their investigation.

I know plenty about interviews under caution, if you need to know any more give me a shout.
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Thanks for your quick, reassuring answer. I don't know how he will prove that he paid cash but does have bank account details. Do you think he should seek solicitor's advice before the interview? Thanks again Sara3
he is absolutely entitled to legal advice, but I can't think what they would tell him other than what I have said. at the IUC he will be advised that he can get legal advice and if he doesn't like the way the interview is going he can stop the interview at any time. the interview will be taped and he will be cautioned, but I can't see how he can be in trouble if he has some evidence.

tell him to try to make a list of details of all the cash payments he can recall. they have the authority to check the other couple's accounts, but I guess they won't have paid the cash in anywhere.
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That's brill, thanks. His daughter is now 17 and lives with him and has said she will stand up in court and support him if needs be. Would it help if she went to the interview with him? I think he will get some legal advice before he goes. It amazes me how stupid they were! I hope they get the book thrown at them!! Cheers sara3!
there's no point in taking his daughter as she won't be allowed to speak during the interview, but he can have someone with him for support.

I don't work for the CSA but I've done about a million IUC's in my time. there may be 2 people interviewing him but tell him not to feel intimidated as that doesn't make any difference. they have strict guidelines to follow. if you want to get back to me after the event, feel free.

wish him luck for me :o)
Question Author
Thank you so much for your advice, Sara :-)

he'll have records of transferring money into the husbands account and also in regards to paying cash hopefully he's being paying the same amount at the same time and his statements will show this and although this does not show what was being done with the money it will go some way to coroborate this
Sorry but this thread has got me annoyed. There must be many thousands of benefits claimants who do not declare maintenance. How do the rest of us tax payers afford it?We could not understand why the CSA were chasing my son for maintenance when he has always paid until we realised the ex was claiming housing benefit. He put the CSA straight and no more was said. The ex may have unwittingly implicated your brother by naming him. The ex deserves to have the book thrown at her. You do see cases in the press of fraudsters going to prison but its unlikely. Good luck and forget about the �40000 - its just a figure plucked out of the air to make you sit up.

Good luck
I thought they could only backdate to the first time they had contact made with them. If she's only just gone to them they can't backdate it for the past 14 years or whatever. The CSA absolutley suck, they are completly usless.
I wish you luck

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