Giving the CSA valuable documentation

Found_true_love

Hi all

My first post and I have been through quite a lot, suffice to say I have now got a court order for contact and she has got a CSA maintenace assesment. (Which as an aside meant that I was told to pay her less than I was offering her as a voluntary agreement which, because I am self employed, I told her might happen, she thought she would get more via the CSA...... ho hum) I am not gloating over this and truth be told I would much rather be looking after my son 7 days a fortnight and still pay her the CSA assesment amount.

However, she is stubbernly resisting letting my young son (he is under 5) stay with me more than 2 nights a fortnight.

Now she has made an application for a variation to the CSA due to assets (over £65,000) and lifestyle inconsistent with declared income.

I have absolutely no problem with giving the CSA any proof they require which will enable them to make a determination

BUT

They are telling me that they may forward copies of said documentation to my ex.

This documentation will be confidential financial information and whilst I do not mind co-operating with the CSA surely they cant send it on to my ex? can they?

And what can they do if I refuse to give them my proof (which shows I am under the £65k threshold) because of the risk I take in them forwarding it against my wishes?

What would you do?

kelloggs36

If it is a departure she has to be able to comment on whatever evidence you are relying on. HOwever, that does not mean that your account numbers etc will be divulged - just the information within it. If you refuse to provide evidence, then either they will refuse the case and she will appeal and they can draw adverse inference from your refusal, or they will accept her evidence - impossible to tell as I don't know what she has submitted by way of evidence.

pd001

kelloggs36 wrote: »

If it is a departure she has to be able to comment on whatever evidence you are relying on. HOwever, that does not mean that your account numbers etc will be divulged - just the information within it. If you refuse to provide evidence, then either they will refuse the case and she will appeal and they can draw adverse inference from your refusal, or they will accept her evidence - impossible to tell as I don't know what she has submitted by way of evidence.

Assuming they don't mess it up!

kelloggs36

Yes - rare but it does happen (not messing up in general, that is less rare lol but in this type of case(.

Found_true_love

Thanks guys two things

1/ When I recieved information that my ex had put in (on the variation form) they had tried to "black out" some personal information NI number, date of birth (as if I didn't know that one lol) her address and phone numbers all of which I know anyway because I used to live there, I could still read all the information, they had used a pen (felt) which was running out!

2/ What is a departure

3/ Could I black out the information myself on the copies I send and swear an affadavid that they are my genuine records?

4/ The info she provided were
i) share

Found_true_love

Thanks guys two things

1/ When I recieved information that my ex had put in (on the variation form) they had tried to "black out" some personal information NI number, date of birth (as if I didn't know that one lol) her address and phone numbers all of which I know anyway because I used to live there, I could still read all the information, they had used a pen (felt) which was running out!

2/ What is a departure

3/ Could I black out the information myself on the copies I send and swear an affadavid that they are my genuine records?

4/ The info she provided was
i) share certificates (she still has the originals and refuses to give them back (I am now suing her for them and the return of the rest of my personal possessions)
ii) some very old bank statements
iii) details of the houses I own (I have not hidden this fact it is on my tax return)
iv) a statement for an ISA (which she has stolen from me via mail theft)
v) Other bits and pieces car details 9both of which works vehicles)

I know she cant include my marital home or work assets but I need to prove that all the other assets are mortgaged to the hilt and with the lower house prices are now in negative equity. But Ill be damned if I will give her this info for her to use against me in the future, the CSA yes her no

What do you think?

Cozworth806

On points 3 yes you can but I would suggest you do not deface the original, but send in copies that have been edited. They may get narky about it but its your choice, with a departure you don't have to send anything you don't want to but it may harm your defence.

If the houses are on your tax return then have the profits been included in the income used in the calculation? If so it cannot be double counted. If it hasn't then the net value can be included (value less mortgage)
I would say that if you wrote a letter to the CSA stating your properties in turn, with the estimated values (getting a recent EA valuation if you can if that helps your case, especially if it is a case of selling then tenanted) with a detail of the mortgage on each then that would likely do the same job as sending in documentation, as long as you aren't lying and can back it up if it goes to appeal etc.
I'm sorry she has stolen your documents but it may not alter the fact that you own the assets (cash, ISA's, shares etc) Again it is value and not income that is considered. If you state the share value and are honest with the account balances then documentation over and above shouldn't be needed in the first instance.
Works assets are disregarded as is the marital home equity.

I think folk are getting confused with a departure(old rule legislation), where the qualifying threshold is £10k of value, and a variation (new rules) is £65k. The terms shouldn't be interchanged really as the legislation is different and can cause confusion.

The asset value is then multiplied by 8% and divided by 52 to get an additional weekly figure which is added to the net income figure used in the assessment, which is then multiplied by 15%.

With regard to the lifestyle inconsistent then this figure would only be looked at after the assets etc is considered, and would include profits from rental and dividends etc.
Credit card borrowing as well is not considered but the repayments can be, where they will look at trying to calculate a net weekly expenditure for you, and if you have completed a form E for your divorce then your ex may know a base figure that you have previously declared.
It would be your job to argue if there is a shortfall how you make that up.

Found_true_love

Income vs expenses and allowable refirbishment costs have been included in tax return and shows an actual first year loss.

Thank you for your thoughts, so what you are saying is that I can assert that I have assets whos borrowings on them exceed thier value and it is obvious that they can look for themselves what the current value of the shares is, and if aksed for (and at this time they have only asked me to comment on the ex's submission, they have not asked me to supply any proof from myself) put forward in a letter from my calculations as would an accountant.

ie. he puts in the profit and loss statement which is a summary of the workings out not the actual proof itself.

By the way I was never married to my ex (thank god as it turns out)

kelloggs36

What do you mean that credit card repayments can be included - they are specifically excluded when working out disposable income.

kelloggs36

I would supply theevidence as shemay well withdraw the application once she has seen it.

Found_true_love

kelloggs36 wrote: »

I would supply theevidence as shemay well withdraw the application once she has seen it.

Oh how I wish that were a possibility, this woman NEVER backs down, she wont even negotiate for the sake of our son, I wish I could somehow say to her that I would be more (not less per the CSA calculations of 1/7th) generous with money should I be able to have my son stay with my lovely family more than he does now.

I fear that she is set on a course of hate and retribution towards me and unfortunately everytime she trys to make a strike at me I can counter it, like this asset claim.

Thus she will need the CSA to say that she hasn't got a case before she backs down.

So I plan to at first give minimal confirmation and when they ask for proof supply my own calculations then at the final analysis give them copies of the (already) washed of roll/account references etc. information.