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Help needed please

hi all
I am a father, i have a beautifull daughter with my soon to be ex wife. we were married for 4 years and she never had a job or contributed to any bills in our entire relationship.
I dont see my daughter and i have not since september as when i left the marrige my ex decided to lie and say i was a violent drug abuser etc etc consequently we dont speak anymore and it kills me.
In october i recieved a call from the csa, i gave them all the information they required and sent off a fax of my earnings etc and awaited their decision
I then heard nothing until march when i got a call from a really unhelpfull snotty cow who informed me of the arreers that are due,
I explained that i had not heard from them since and that i thought the 320ish form my 850 take home pay was ridiculus and annoying as the arreers were only there as they had not set it up never the less i would pay it
I again heard nothin until today
They now want to take just short of 400 pounds from my 850 which will not even leave me enough to pay my rent let alone anything afford the court or soliciters fees in the so far fruitless battle to see my daughter, i am litterally living hand to mouth while my ex is driving a 22,000 bmw convertible
Is there any way that i can get these payments lowered?? i must stress i am not looking to get out of them at all she is my daughter and i know i must pay but i simply will not have anywhere to live if they deduct what they are proposing to.
How are fathers expected to start a fresh and have a new relationship with a new partner is beyond me
All the things my ex is getting and loving every minuite of it
Please help
chris
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Comments

  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The maximum they can take is 40% of your net income which if you do take home £850 would be £340 per month so either their figures are wrong, or you are not telling us the full net income that you have. If it is the former then you need to make sure that they have used the correct figures - has your income changed since they got the info? If so, you need to send them up to date wage details so that they can change the amount owed. They have a steer which means that any arrears should be repaid within a 2 year period so you need to know what leeway you have here. You need to know what your arrears total is and divide this over 2 years to see what you can try and negotiate with. Good luck.
  • hi thanks for your reply kellog
    sorry it was a typo its 950 a month i take home not 850
    I did not know about that with the 2 years i just got off the phone and the chap said a supervisor will need to look at it with a view to lowering it to 35 percent but they wont go lower
    Even at that i will not be able to pay my rent let alone the bus fare to get to work lol
    How do i get them to be more reasonable regarding theis steer
    I am not trying to avoid paying i want to pay for my daughter as i need her t know i did everyhting i could for her but if i cant pay my rent i will get thrown out and quite how i am expected to live then is beyond me but they really dont seem to care.
    How can i get them to be more reasonable??
    chris
  • Soubrette
    Soubrette Posts: 4,118 Forumite
    If the claim was started by the PWC (ex wife) in Sept and first contact was made to you in October - then shouldnt you be on CSA2? CSA2 is 15% of net income unless you have responsibilities for other children.

    How long ago are the arrears being collected from as I'm confused?

    Easily done some would say ;)

    As to the ex's lies about drug addiction etc - could you not go to court with something from your GP and volunteer to be regularly tested to show this to be untrue?

    Good luck though

    Sou
  • hi there
    my monthly payment is £144 exactly and i have to pay 384.84 until 24/08/09?
    When i spoke to them they said the arreers are form the date the claim was put into place?
    Unsure what csa1 is this is the first letter i have recieved from them since october, i am now awaiting a call back from them again lol
    Easy lol care to share that cos i am goin round in circles
    With regards to court i have no money to do it with i have been bouncing letters back and forth requesting contact since i left in september on my soliciters instructions to appear reasonable.
    I have no problem with a test it may be pointless though
    She has stated she will deny any access and lie if nessecery to keep me from seeing my princess.
    when i text on my birthday to ask to speak to my daughter i was told she does not want to and calls me nasty and my exs partner daddy
    She has been sutibly poisoned ny her mother i fear as she is only 4 and all she knows is i am not there and i know she has cos friends of ours have witnessed my ex telling her i dont want her and i have new children to play with and i dont love her.
    This is why i want to pay allbeit at a level i can afford and keep fightin the best i can so when she is old enough she will se i have tried
    Thatr and the box of birthday cards all written up to her 18th bifthday is the only hope i have.
    chris
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You will be CS2 as this is a new case. You need to know the arrears so you can work out what extra on top of the normal payments would repay the arrears within 2 years - if that is much less than what they are taking then I can't see any reason why they would refuse - you should complain loudly if they do.
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Well I have just worked out that the arrears can't be any more than about £1200 which would mean that they should be accepting around about £50 per month on top of the normal payment - if you can offer a little more then I would to show that you aren't being awkward. If you can offer say £100 per month, then it wil be all paid off within a year and that is well within their steer - I would point out to them that they are supposed to have regard to your welfare too AND it wasn't your fault that payments weren't being made, but their own delays, hence they should be a bit more sympathetic towards you than they may be towards somebody who didn't pay because they just refused.
  • Thanks for you replys
    I have no idea what the arreers are they have never actuall told me
    When i spoke to them they are setting up a doe for the 15th of next month as i have not paid them even though by their admission they have no idea why they did not contact me sooner is this place for real?????
    I will try when i speak to them tomorrow to get it lowered and keep it within a year, just hope i get someone who is helpfull and actually does not want to drag me accross the coals
  • Blob
    Blob Posts: 1,011 Forumite
    Hi mate

    Please remembe that the CSA really dont care about you at all, they have their targes to meet and to he** with the rest of us.

    The streer is just that and it don't override the Law however much they might like it to. You need to contact your MP and get them on the case. As an observation if they are Lib Dem then you have more of a chance as they have a policy to close the CSA down, the others don't! The CSA are obliged to negociate with you on your arrears as stated in the Law, ask them to provide the evidence that they have done this, if nothing else it makes them sit up and listen!

    Before anyone jumps on me I am in the political field and have run for election and have more than one party knocking on my door to get me to run again!

    Besat of luck, if you need help please let me knoe, for my part I am headed for the Court of Appeal and if they find in my favour, then the CEO may have to answer some questions in that Court that he will not like!
  • Not sure what you mean about the steer
    Are you saying they dont have to obey it??
    chris
  • SuziQ
    SuziQ Posts: 3,042 Forumite
    Our MP is Conservative and he was a diamond when my ex was having trouble with the CSA and his first ex wife.
    Tomorrow is always fresh, with no mistakes in it!
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