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GRRRR...conflicting advice given!!
a1969baby
Posts: 149 Forumite
Hello 
After yet another long winded phone-call to the CSA, I thought I'd try here for a bit of advice as there may be someone who knows the answers!!
Its a long story (about 10 years long lol), but basically my husband currently owes me around £16,000 in maintenence arrears. In January, after several years, he was finally taken to court for just under £5,000 of that money and ordered to pay the court £50.00 per week over 2 years or risk a prison sentence. Because of the time period this covers, only £1100 is mine as I was on benefits for a while. Currently the CSA is sending me £17 per week to cover my portion.
In addition to this he also had an Deduction of earnings put on his wages in December for regular maintennce plus a bit of arrears from the other £11000 owing. However, when I phoned a couple of weeks to see why I hadn't recieved anything, I was told he had (unsurprisingly)given up his job in January,, so I wouldn't be recieving anything.
My questions and the answers I have had from various CSA staff are these:
1) Could I recieve my chunk of the Liability Order first? (ie £50 per week until my bit is paid off, then the rest to the secretary of state?) The answers I have had so far are: Yes, I would need to speak to someone once the LO had been granted and, No, the judge decided how much I would get from the £50 and the CSA can't change it.
2) Could another liability order be started alongside the existing one? I have been told yes (and that work was being done on it) and then, today, No, they can only do one when the existing LO is finished.
3) I have asked today whether they will be investigating how he is able to afford to pay the court £50 per week when he is not working? Ie, where is the money coming from? The answer was, no, as long as as he is paying the court then nothing else will be done and they are not concerned where he is getting the money from. They will only investigate if I know and have proof that he is working!! I have not seen him since 1993 and have no way of 'proving' he is doing anything.. I only suspect!!
Sorry this is so long winded, I could go on for another 10 pages about the CSA's antics, but suspect it has all been heard before.
Many thanks
After yet another long winded phone-call to the CSA, I thought I'd try here for a bit of advice as there may be someone who knows the answers!!
Its a long story (about 10 years long lol), but basically my husband currently owes me around £16,000 in maintenence arrears. In January, after several years, he was finally taken to court for just under £5,000 of that money and ordered to pay the court £50.00 per week over 2 years or risk a prison sentence. Because of the time period this covers, only £1100 is mine as I was on benefits for a while. Currently the CSA is sending me £17 per week to cover my portion.
In addition to this he also had an Deduction of earnings put on his wages in December for regular maintennce plus a bit of arrears from the other £11000 owing. However, when I phoned a couple of weeks to see why I hadn't recieved anything, I was told he had (unsurprisingly)given up his job in January,, so I wouldn't be recieving anything.
My questions and the answers I have had from various CSA staff are these:
1) Could I recieve my chunk of the Liability Order first? (ie £50 per week until my bit is paid off, then the rest to the secretary of state?) The answers I have had so far are: Yes, I would need to speak to someone once the LO had been granted and, No, the judge decided how much I would get from the £50 and the CSA can't change it.
2) Could another liability order be started alongside the existing one? I have been told yes (and that work was being done on it) and then, today, No, they can only do one when the existing LO is finished.
3) I have asked today whether they will be investigating how he is able to afford to pay the court £50 per week when he is not working? Ie, where is the money coming from? The answer was, no, as long as as he is paying the court then nothing else will be done and they are not concerned where he is getting the money from. They will only investigate if I know and have proof that he is working!! I have not seen him since 1993 and have no way of 'proving' he is doing anything.. I only suspect!!
Sorry this is so long winded, I could go on for another 10 pages about the CSA's antics, but suspect it has all been heard before.
Many thanks
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Comments
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They can do more than 1 Liability Order at a time but they like to get one granted before they apply for another. It doesn't mean that other action will cease though. Does he have a current liability (it doesn't matter that he isn't paying, as long as his liability is not nil, he will still clock up arrears). Not sure about allocation of payments but I would ask them again why you are not being given priority as the rest is due to Secretary of State and will be kept in full once the first #1100 is paid off.0
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Thankyou for the reply
Yes we have already got the one liability order for just under £5,000 which went to court at the end of January (I hope I am using the correct terms here, and not confusing anyone!) This is what he is paying at £50.00 per week.
His regular maintenence is supposed to be £200 PCM, so his arrears are still increasing as he is not paying this at all.
I just find it all so infuriating!! I first approached the CSA in around 1995, and they were apparently unable to locate him until I managed to find his address and give it to them in 2000.
My ex's income miraculously went from £50,000 per year to nothing within the space of 3 years (he was self employed) then he made himself bankrupt. He has no assets despite selling a property in 1998 and the Land registry cannot provide details of his (lovely country cottage) without an OS reference.
My hunch is that his money and assets are going through his long term partner!!
My son is 18 next month and will be going to Uni in September, I really would like to get some maintenence while he's living at home!0 -
The answers to 1 and 2 are both yes. For number 3 report him to the Inland Revenue. The CSA have to take mostly everything he says at face value and have no investigative powers for income.0
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the csa have quite a lot of investigative powers and they are growing all the time, if you think that he has got money coming in as long as they are not savings as they can only look at interest then our criminal compliance team can look into this for you, ring the helpline and speak to them about referring it to criminal compliance.0
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My son is 18 next month and will be going to Uni in September, I really would like to get some maintenence while he's living at home!
He could then make an application to the Court himself under the Children Act 1989 for maintenance to help him through University.Information is not knowledge.
Knowledge is not wisdom.
Wisdom is not truth.
Truth is not beauty.
Beauty is not love.
Love is not music.
Music is the best.0
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