Advice required on CSA case please..

wobblebottom

I have had an ongoing nightmare case with the CSA over the last 2 - 3 yrs..

They have in depth correspondance from myself relating to my ex and the way hes frauding the system.. althought this is part of my problem il come to it l8r..

ExH was assessed on his earnings at a very minimal amount.. and this i have had to accept.. (for now)

the trouble is the employers are very slow and forget ful at paying this to the CSA on time and regularly.. and i have had to get on to the csa to chase them up constantly.. and have had to wait up2 three months for a payment sometimes..

It is my intention to contact the complaints dept..at the csa (as advised by my case worker and they will investigate..) thought what good it will do i dont know..

My real question is .. because i know the way the employers work and the amount myEx shud be paid..(currently gets paid cash/paye) is it feeasble to take him to court( even though i cant prove it..) to demand a higher and at least try and plead my case.. for fairer payment for my children..

ANy ideas..?

ohdear_4

Not really sure about taking him to court, the csa have advised me against it all the way along. My ex avoided payment for such a long time that he owes many thousands now. He would never pay on time so have a deductions of earnings order, his employers then didn't pay on time and paid the wrong amounts at my ex's request. BUT my ex wasn't to blame, apparently when there is a deductions of earnings order (do you have that?) then the employer is solely responsible and it is the employer who will be taken to court not the absent parent. One quick letter telling the employers this and the threat of a £1000 fine soon sorted it out. I was phoning every other day though, I think you need to keep at them and be very polite.

Just reread your post, my ex gets paid cash too if that helps!

wobblebottom

yeah i do have a DOE.. the employers do take the payments weekly from my ex but hold on to them for as long as possible to either accrue interest in the bank or pay the csa when they feel like it..

They have already been formally warned by the CSA via letter and yet again this months payment is late..

I was thinking of trying to prove my EXH and employers were not declaring his full income in court ( yes im feeling brave) and do have inside knowledge and in depth info on how they work his wages and detailed documentation has been forwarded to the csa. my main attempt is to get a court order for maintenance instead of the csa- and hope i get an understanding judge in my favour who will hear my plea..

And just for the record exH also has child from previous marriage which he avoided paying for completely..and owes to date in excess of £16k .. so has a crap track record with csa.

ohdear_4

If you are feeling brave then go for it, I wish you all the luck in the world!! I am just too much of a wimp!

My ex husband's track record, had a daughter before I met him, denies all knowledge of her existence, we had 1 son together and he cleared off with someone with 3, then they had another 2 (5 kids in their household), we had been split up 8 years before he decided to pay me a penny, csa had been no help at all. He was paying me 76 ish a week for about 2 years after I got cross with the csa and demanded he pay and now it has just gone down to 26 as he has left his other wife to live with a 16 (just now turnd 17 year old), so he has to pay mainetance for the 2 he had with her!!

Luckily he lives 300 miles away, but my son, nor the other 2 after my son haven't been contacted in 4 months by him, he just doesn't care at all. I think he thinks he's paying so that is enough. It really gets me cross that I have to put his name etc on my son's school paperwork as he doesn't want to know, I don't have an address for him as he keeps moving but school won't give my husband 'parental responsibility' even though he is the best daddy i could wat for my kids! :mad:

Sorry for the rant, good luck with it!

wobblebottom

Sounds very familiar... my EXH is paying wait for it... £11 pw :eek: !!!! :eek: for 2 kids..!!!! now living ( but declaring he isnt) with current GF and their new baby and claiming for it too so payments for me are due to go down for me even more..

Not only is he having the biggest majority of his earnings hidden by employers this means he and company are actualy defrauding the tax/ni system aswell aswell as numerous other benfits agencies..

The CSA have told me that my previous correspondance has been forwarded to the relative departments and authorities required, but heard nothing in response..

THe Employers are notorious for their actions and are curently one of the top 10 on the Authoritie's Hit LIST!...

ohdear_4

Doesn't it make you mad? I get so angry, especially now i am remarried with a toddler, I sort of feel like I either don't want him to pay at all (ideally) and just let us get on with being a family as he is certainly no father but he will still try and dictate how we bring my son up and as long as he pays he still feels like it is his right to tell me how to live. I do everything for my son, I even bought him clothes for his dad's wedding when I was getting no maintenance as he told me it would be me that was embarrassed if our son went to his wedding looking scruffy!! His dad even sent him a letter (he was 5 at the time) saying I hope your mum has got off her lard !!!!!! and got you some new threads for my wedding! I saved it as it's the only letter he ever got!!

He told me about his new girlfriend earlier in the year, he described her as an 'investment' as she is going to uni soon and will be able to look after him financially in a few years!! I just hope he doesn't try and get my son to move down to where he lives in the future (he lives down south near an aquatic uni my son might want to go to), I would hate that so much!!

I am sorry keep ranting, but I think it does us good sometimes to get it off our chest!!

wobblebottom

You rant away.. ive given up ranting just sends the BP too high.. ive started to think logically and play fairly.. hence looking to go down the authorities road instead of get your own back one...

At the end of the day i just want what my children deserve..and is due to them .. and they could give 2 hoots bout him .. they hate it when daddys day comes.. its a nght mare to get them to go.. even if it is for only 4 hrs a week!..

paulamathers

Hi, I have been having issues with the CSA for over 4 years now, so can totally relate!
You can't take the absent parent to court because of the new laws. These stipulate that the CSA are the only ones to take absent parents to ourt - in order to help make things more simple!!!!! The csa have a complaints procedure and a complaints department. There are a million things you could do that would take a million years and cost you a fortune in phone calls and letters, but the best thing I found was to write to the complaints department (address on the web if you search csa complaints procedure - its something liek great northern tower...) copying in my MP. She then wrote to the CEO of the CSA and asked for her interest to be noted. In the past 2 months (since she became involved) they have moved heaven and earth to please me. They ring me once a week with an update and my ex is due to have his committal hearing on february 25th. email me if you want me to take you through every single thing that can be done - after 4 years i have tried and tested every measure available to mankind! I can put you in touch with specific people and give you ther direct telephone numbers.

Sensemaya

Paula

We are always after different CSA phone numbers. If you feel it is appropriate, please feel free to post the numbers on the sticky link. I wouldn't mention any staff names on here.

Thank you.

wobblebottom

Hiya thanks- This original thread was just under3 years ago and Im still no further down the line- I get my wonderful £10 a week for the two children- albeit sporadically,when the employers pay on time- I never bothered going down the court route- I cant really whilst I am on IS anyway- whats the point of fighting for more money when all you get is a tenner anyway.

I have over the years been reading up lots of info, found original complaints letter that was sent in in 2003, (which IIRC hasnt been replied too..) and will be preparing more documents to send to MP /CSA about getting a Variation on Living etc.. When I return to work of course and actually stand to gain more for my children.

Thanks

pammy61

paulamathers wrote: »

Hi, I have been having issues with the CSA for over 4 years now, so can totally relate!
You can't take the absent parent to court because of the new laws. These stipulate that the CSA are the only ones to take absent parents to ourt - in order to help make things more simple!!!!! The csa have a complaints procedure and a complaints department. There are a million things you could do that would take a million years and cost you a fortune in phone calls and letters, but the best thing I found was to write to the complaints department (address on the web if you search csa complaints procedure - its something liek great northern tower...) copying in my MP. She then wrote to the CEO of the CSA and asked for her interest to be noted. In the past 2 months (since she became involved) they have moved heaven and earth to please me. They ring me once a week with an update and my ex is due to have his committal hearing on february 25th. email me if you want me to take you through every single thing that can be done - after 4 years i have tried and tested every measure available to mankind! I can put you in touch with specific people and give you ther direct telephone numbers.

Like Paula I have also just sent a complaint to the CSA and sent it to my local MP also. I will post the progress.