CSA debt over 6 years can't be enforced?

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  • kathya
    kathya Posts: 33 Forumite
    hi I am in exactly the same situation as you, my kids have never had any maintenance my ex husband has a lavish life style surprise surprise and is self employed. Can someone please tell me how I am supposed to deal with this as I have to bring the kids up with no financial help. why dont the government do something about this. I have been told that I can cancel the current assessment and ask to be put on the new scheme. It takes 13 weeks and by all accounts they can get an assement based on his net income. can someone enlighten me please.

    Thanks
  • kathya wrote: »
    hi I am in exactly the same situation as you, my kids have never had any maintenance my ex husband has a lavish life style surprise surprise and is self employed. Can someone please tell me how I am supposed to deal with this as I have to bring the kids up with no financial help. why dont the government do something about this. I have been told that I can cancel the current assessment and ask to be put on the new scheme. It takes 13 weeks and by all accounts they can get an assement based on his net income. can someone enlighten me please.

    Thanks

    I am not sure what you would gain by going on the new system - the bottom line is as a self employed person, he can "hide" his true income and regardless of what the CSA assess - they seem to do nothing about trying to ensure any payment. I had closed my original assessment some years ago and actually applied under the new scheme rules but it's getting me nowhere so I'm afraid I can't give you any positive advice.

    I am disappointed and V annoyed that all this debt is just going to be "forgotten" because it is past the 6 year date. That gives any absent parent a great loophole, especially the S/E as they can "agree" to make minimum payments, make the payements for 6 years and walk away safe in the knowledge that no action will be taken. Great isn't it?
  • kelloggs36
    kelloggs36 Posts: 7,703
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    I had the same problem with my ex being SE although they did get liability orders etc on him, but it took a lot of fighting to get a proper assessment as my first assessment was nil due to a builder earning 140 pounds per week net. I laughed i nearly peed my pants! He earns that in a DAY. I had to get a Departure (now called Variation) on lifestyle inconsistent with declared income but the burden of proof is on the PWC which is unrealistic in most cases; it should be down to the CSA to investigate as they do have more powers now, more than the PWC does!
  • kelloggs 36 - my ex works in the construction industry too as a qualified tradesman and according to his tax returns earns less than £90 pw!!!
    What can you do? You have to laugh as it's just so pathetic.
    He claims his new partner is on a decent salary circa £25k ( which I believe is true ) and therefore puts down their standard of living to her income and tells the kids that too. I think it would be pretty difficult for me to get a variation on that basis.
  • kelloggs36
    kelloggs36 Posts: 7,703
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    Mmmm. Mine was too stupid to admit that his wife was working, so he told the CSA that she wasn't, which went against him as the Tribunal had to put all their outgoings to him and his huge mortgage which he had just secured, although in both names, was supposedly from his income only.
  • well - good that you managed to get something Kellogs36. I honestly expect zilch - so if it happens that will be a bonus but I am SERIOUSLY hacked off at losing out on the arrears owed to me. Wish there was something I could do on that one.........
  • kelloggs36
    kelloggs36 Posts: 7,703
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    Go to your MP and kick up a big stink and ask for compensation. You can claim loss of the maintenance that would be due but for their failure to act on time. Do it!!!!!
  • do you know Kelloggs36 - I might just do that. I have been thinking about it and it's pretty clear that the CSA have never done what they term as a "regular" review of the payments he was making on his arrears. Maybe if they had they could have agreed a higher amount.
    It seems to me a crazy state of affairs when the statute of limitations would allow action to be taken to put a liability order in place but the CSA's own regulations don't - there seems to be something very wrong somewhere. Although I think that's true of much of the CSA sadly......
  • kathya
    kathya Posts: 33 Forumite
    Hi I spoke to my solicitor a few days ago re the csa and she has just been to a workshop about maintenance assessments. She has told me that everyone that has been fobbed off by these assessments and livestyle inconsistent of earnings has a right to request a tribuneral. By all accounts the csa then get their act together before the hearing. Dont know if it works but I am going to try, she said as long as you can clearly show his lifestyle is completely different to what he declares and with evidence then there is a chance to get a new assessment and the arrears.
  • kelloggs36
    kelloggs36 Posts: 7,703
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    What happens with Lifestyle inconsistent cases is this:

    PWC fills in a Departure form and makes the case, provides as much evidence as they have. departures automatically refuse it as they cannot prove either way what the PWC is true or not and they have no powers of investigation. The PWC needs to then appeal against this refusal, and then the case goes to a tribunal. Tribunal will look at the case in more detail and can ask more probing questions and ask the NRP to provide evidence to back up what he is saying. Evidence needs to be strong. Lifestyle funded by credit cards or loans will not be allowed as it isn't income. LIfestyle funded by partner will also fail as it is not his income which is being used to fund it. PWC needs to find as much evidence as possible to prove that his income is not enough to sustain his lifestyle and provide evidence of what that lifestyle is, eg new car which has been funded by him and is registered in his name, holidays (postcards to children etc). Evidence of what his income was when they were together, although he could claim that it has dropped, but he will be questioned about it. As so much emphasis is put on the PWC to provide evidence which is hard to prove, most cases fail.
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