I read a thread before joining bubhub about parents using the court system to recover child support.
My family think I should apply through the courts to recover both CS & the family court fees as I have been left in extreme hardship due to the payer's actions
I would love some advice:- sorry in advance for the novel.
I attempted to resolve paternity when my child was 2. I was meet with refusal and told neither would never submit to dna to allow legal recognition.
I lived in another country and could not afford to proceed legally - at the time it was feed and provide a home or be broke and fight it out in court.
Two years later I was served with papers by one possible father to be put on birth cert despite paternity Unknown.
I participated from overseas in a court system I knew nothing about with a lawyer that barely spoke to me and acted on my behalf in discussions without my consent.
Eventually he got his name on the cert by default of "unopposed" despite I had clearly opposed!
Another year goes by and I hear nothing. Til I am due to appear in court within my own country for an application to take 50/50 care of my child who is then 8 - that I have cared for and provided for since pregnancy. On the lies that he had cared for the child on a regular basis.
I go through the court process, am advised to contact CSA as he should have been paying me CS. CSA advise me that the other party has already contacted them 8months earlier with NON SEALED documents stating he has 50/50 care of the child. I was never contacted about this application.
Fast forward the "father" still possibly not biological with no relationship or contact for 8 years - submits an application to take full custody with an injunction to prevent any contact between my child and self.
The Application was unsuccessful, CS payments are only paid days before each court appearance & with me contacting CSA to remind them it is 3weeks overdue! I received a total of 6 months CS payments.
He then doesn't turn up to court, has withdrawn his application and goes into hiding. I asked my lawyer about court fees and child support but didn't get anywhere. The case was so complicated without adding that too.
I informed CSA that I believed he was relocating overseas to a reciprocal country. I made phone calls once a month for three months to inform CSA. I was told they would not do anything until 6 months time & not to rely on getting any payments. I then received a call a month later from CSA for the payers details as none were active. My reply was "READ THE FILE NOTES". I have a CS over due balance increasing each month.
I would like to forget the whole situation and move on. However my family believe I should Seek legal advice to gain compensation - he started the Court & CS proceedings and is now hiding to not pay CS. He took 60k of money that I didn't have to defend numerous lies he had told the court plus the lose of income due to my depression & anxiety. He has not paid a cent in legal fees or CS as his parents funded the whole case.
My psychologist whom I was seeing due to severe depression & anxiety believes the case was about "power" and being able to control me. He showed no concern for my child or building a relationship. It was more about taking something away from me. He his friends & family would sit outside my house. Then the final straw came when my partner caught his partner & friends trying to break into our vehicle.
If you've gotten this far, HELP!!!