Husband sent to prison for CSA, advice please.
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also, change your solicitorOveractively underachieving for almost half a century0
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My ex had chance after chance after chance to pay and didn't - his arrears were in excess of £25k. Even the courts gave him chance after chance - including installments which were agreed were affordable, but then he stopped paying and it took another year to get back into court. I really don't think it is as one sided as the OP is making out - if he had offered to pay, the courts would have been made aware and would have either agreed to accept it, ie overruling the CSA or they felt that what he was offering was not enough. The CSA acted correctly by not backdating the assessment as this is what the legislation says. The courts only ever send somebody to prison after a thousand (exaggerated obviously) chances and appearance before them.0
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There would have to be a liability order for there to be a committal to prison, and the same for suspension of passport or driving license...!
Do you have any paperwork for the original liability order and everything else....?
It may be that your husband has "buried his head in the sand" over this, and now it has got so far that this is the result, however, as previous poster said, committal is for refusal to pay, not for inability to pay....!0 -
kelloggs36 wrote: »if he had offered to pay, the courts would have been made aware and would have either agreed to accept it, ie overruling the CSA or they felt that what he was offering was not enough.
Do you really think that the CSA are as white as snow and disclose the relevant paperwork all the time...??? I have 50+ proof of signatures that they deny ever receiving, yet are in my file when disclosed under the data protection act, so NO i don't believe they are as honest as you say they are...! But then you know that, as you worked for them...
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on the other hand, it gives those of us who have NRPs who won't pay (not can't) some hope that sooner or later, they'll get what's coming to them....
OP I am sorry for your situation. You will obviously need some support so do confide in at least a close friend or family member what has happened. Most people are understanding about these things. Get some help on your own circumstances re: claiming as a single person (I am not so sure it's possible to do that if you actually have a partner - the CAB would be able to help you) and try not to worry. There is an organisation called NACSA (https://www.nacsa.co.uk) which has a good reputation for success in difficult CSA situations so maybe contacting them would be a good place to start - they are reasonable as to their charges and will cost you no where near what a solicitor will cost. If nothing else, they should be able to help you and your partner now work out some kind of 'deal' with the CSA as to getting everything paid and up to date. It is true that they will only backdate to the date that you tell them about a change in circumstances - this is reasonable - it's not logical that you wouldn't change them about a negative change in your circumstances although I accept 'good' parents will try and keep paying as much as they can for as long as they can knowing that a reduction in income will affect the children as well.
Keep posting - we are a mixed bunch who post here and we sit on every side possible of the CSA bench but we also know what a mess the CSA creates for so many people. Take care of yourself in all of this.0 -
1st and foremost, you are now single in regards to your circumstances, so 1st thing monday morning, make sure that you advise the DWP (benefits agency) that there is only 1 income in the house, the council tax and housing benefit should be notified as well...! It is not about scrounging, if they put you in this situation then you need to survive as best you can. And for the purpose of the next 12 weeks you are in fact a single mother.
Also write to the CSA on your husbands behalf stating that he now has a NIL income due to the custodial sentence, it may sound stupid, but if you do not notify them then there can be no change in circumstance and they will continue to accrue arrears, and it is something you need to do, but send it recorded delivery.
As others have said, contact your MP, this is essential, and you will be surprised just how much they can do in a short period of time.
Try not to stress too much about your husband, if he can survive the CSA for years and still be alive, then prison will be ok, not the nicest place, but not so hard either... People will be pleasant enough when they find out what he is "in for" and will probably side with him against the government rather than make life hard for him.
And yes it is ridiculous that they have sentenced consecutively rather than concurrently, but this is more than likely because it is a civil sentence, criminals get it easier that is for sure, and i know this is no help, but he could probably of broken the law and stolen that amount of money and got less of a sentence...!!! The lovely world of the UK legal system unfortunately...
I hope you get things sorted, but please do consider the press, albeit with no names, they will stir up a storm and bring up the downsides to what the CSA are doing, and it may make a huge difference to others in the same situation, making it worthwhile doing. I'm sure both you and your husband would hate to see others in the same situation, so do consider.
Also speak to anyone else you can think of about this, but whatever you do, stay strong, you know the truth, and others while judgemental, don't know what a strain this is...
All very good points and well made0 -
I am suprised that they turned down instalments. There must be more to this.
I too, think there is more to this as well.
Ive never known a committal to be awarded to the maximum prescribed on the first hearing, also its very unusual for a small debt, and equally unusual to have two LO's having a total of under £5K, and the committal is given consecutively.
The good news is, the NRP is not banged up. Its not the same as convicted and remand prisoners. He can wear civillian clothes, access to a mobile phone and internet, can have takeaways etc. He is only mimited to the perimiter walls of the prison. If your husband is being kept in a locked room, or made to do work against his free will then speak to your MP and ask the Parlaimentary Ombudsman to intervene.
He can make a claim under Articles 4 and 6 of the ECHR. Speak to the Prison service duty solicitor and see if he has any redress under Protocol 4.0 -
I do agree there must be much more to this, which, maybe the NRP has not disclosed to OP.
My OH had arrears of over £15,000....a very long story...due to incompetance of CSA.... LO was granted on second hearing....it took nearly 3 years to pay this back as well as make regular maintenace payments.........I have to say....( wait for it...) the CSA were quite helpful...(yes..gosh horror...!!)...eventually.
No doubt, had my OH buried his head in the sand he/we would now be in OP's position.
OP there is also a forum/website called ' a fairer CSA for all '....they were very helpful and supportive to us.0 -
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