CSA - can they take money that's in my name to clear my husbands debt??

Kath_999

Hi

I've heard the CSA can freeze your bank accounts with a liability order (which is what my husband has been threatended with). Can I move our money to an account just in my name so as they can't take it? It's not that we don't want to pay, but the amount they are asking for is based on a penalty assessment (IMA) not a proper one, and we want to protect our assets from being taken until the proper assessment has been done (they have refused to put the liability order on hold while the review takes place, which seems unbelievably unjust to me). Is this possible, or will they just take it from my account??

Thanks for any advice......

mothballed

You can add your name to his bank account making it a joint bank account.

Kath_999

Our money is already in a joint account, but the csa debt is in my husbands name, so if I move the money to an accout in my name only can they touch it? (bearing in mind that these arrears are historic and accrued before we even met)

mothballed

If the account is in your sole name then the money is perfectly safe.

AFAIK the CSA can only approach a "deposit taker" who maintains an account that is solely in the NRPs name.

Kath_999

That's good news, so I can switch money from our joint account to my own personal account and it's safe....thank goodness!! /thanks for your help

LittleTinker

But they can take any money which has been withdrawn into anyones account if it has been withdrawn to avoid such action.

Its a bit unfair isnt it? and if it were as easy as just moving money to an account in someone elses name then everyone would do it.

Kath_999

Oh dear, yes I did think it was just too easy! I do have a couple of large credit card bills (the money we have in the bank is from capital raising on our mortgage to clear these debts), so I think that paying them off as originally intended might be the sensible thing to do. It's difficult to play fair when the CSA and the ex-wife are doing anything but, it comes down to self preservation now I'm afraid.

Kath_999

another question..... if we come to a "monthly payment" arrangement with CSA to clear these historic arrears, can they still freeze your financials i.e. bank accounts, credit cards?? and would they still put a charge on the house?? Thanks.

Marker_2

Just out of curiosity are you going topay anything to the children in the meantime (and of course get it documented).

Kath_999

All the arrears are historic (case closed in 2003) so there is no on-going liability, just the arrears, which we dont want to pay until the amount they say he owes is accurate (it's about £30k too much at the mo!) The kids are all grown up now so its money for the ex-wife really! We are thinking of making an offer to pay a lump sum while the case is being reviewed, but as this wont stop the liability order there probably isn't much point

kelloggs36

The kids are all grown up now so its money for the ex-wife really!

But the ex wife has borne the total cost of bringing up his and her children, so it is recovering what has already been paid out - and rightfully so (provided as you say, it is done based on his true income).