Can EX-wife ask the CSA to back off if we make our own arrangements?

welshberk

I Have had issues with the CSA for some years and it went from bad to unbelieverable worse. The CSA is chasing me now for £30,000 which they wrongly calculated but they are not interested in resolving or the appeals.
Anyway, In the last few months, i have been getting on quite well with the ex-wife. She is willing to call the CSA to back off as she does not want to see me in jail which is what they have threatened. By getting them to back-off, i have agreed to take a loan from a family member to give her a one-off payment now and then increase my weekly payments but deal direct with her with no involvement or communication from the CSA. But i lost my job last week so whether this would matter also, i do not know. Advice would be appreciated.
Question is, will the CSA back-off when requested by the caring parent or do they have a duty to ensure that i am still hounded and jailed for not being able to pay up the full amount.

Blob

The point is was she on benefit, if she was then the money is owed to the Gov, and what she tells them is or no matter.

Sorry.

frugallass

It depends what you mean by 'back off'.....if she wants to close the case then surely the CSA can still chase you for payments due up to the date of case closure (personally I am not sure how easy it is to close a case).

kelloggs36

If arrears are due to the Secretary of State you will pursued until it is all paid off although any arrears due to the PWC can be written off. If it is all owed to the PWC it would be worth getting the lump sum and paying it via the CSA so that it is taken off of the arrears figure -= better to be hounded for a much lesser figure than the full amount again.

CMAC_2

Yes they will back off dispite who the money is owed to. Under section two of the act they must take the welfare of the child into account. If the arrears are happering this them the PWC must state the case for a conssesion towards the arrears repayment plan.

Zara33

frugallass wrote: »

It depends what you mean by 'back off'.....if she wants to close the case then surely the CSA can still chase you for payments due up to the date of case closure (personally I am not sure how easy it is to close a case).

It's very easy to close a case the pwc just gets in contact with the CSA, however if there is outstanding debt to be paid the CSA will still chase this.

blimey40

Depends on how the debt has been accrued. If you have never filled out one of those MEF forms (maintance enquiry forms) at the first stage of this sum accumlating than you could possibly get it reduced by giving details on how much you've actually earned. You may have a Emergency assessment?

if these figures have accrued from a set weekly assessment, then you cannot simply offer to pay the money back to the PWC. THE CSA will seek a liability order then they will pursue the debt

How has this 30k plus accrued? It suggests a high weekly figure??

Above comments are totally correct from posters, they will get back the money by every means possible as its money owed to the secretary of state. You won't go to prison as long as you comply, it is a scare tactic used to make you act. This is a long way off and don't be bullied. At the same time, don't try and run away from them and you need a lawyer for advice as CSA will just take advantage of your lack of knowledge on the subject.

kelloggs36

CMAC - it is too often that there are cases where the CSA are NOT taking account of the children in every case. They say that they do, but go ahead regardless at a rate unaffordable to many NRPs (involving arrears) and put their livlihoods at risk.

duchy

If you already have arrears -and have lost your job -where will these increased direct payments to your ex come from ?

welshberk

Many thanks to all of your advice. I have had a tribunal in the past and the independant account did all his calculations wrong and assessed me that i was earning three times more money than what i actually was. When i received the statement from this qualified accountant, it was in gobbly gook. I requested a translation and about three months later received it. My accountant was also amazed by his mistakes. My accountant was also taken ill and stuck in Isreal unableto travel so this on top just made my appeal worse. By the time i made an appeal, it was too late and the calculation stood no matter what i did or said, so i have ignored the CSA and just let this run. Maybe one day things could get better. Silly Me!
Anyway, the ex is in dire straits also and she is keen for help which is where i come in. I have been offered a loan from a family member to pay back when i get back on my feet and organised.
Anywat, the latest is that the ex spoke to the CSA and at first they said that the debt would always remain. On this, i told her that i cant do anymore as i have this debt hanging over me that it is wronglly calculated. She has contacted the CSA and explained that she wants to wrok things out between her and myself without any interference from them. Apparently, she can close the case and the debt is archived until she requests for it to be reopened if i dont play ball at a later date.
So as long as i keep up weekly payments that i have done for the last so many years and she is willing to except this one off payment from me of a few thousand to help her out of her problems then she will close the case.
Question is, i have not spoken to the CSA myself but is this what would happen in reality? This would be great news for both me and her as we are helping eachother out and of course i have requested full receipts from her as evidence if things were to go T*ts up to say.
Any views or thoughts welcomed

Zara33

welshberk wrote: »

.
Anywat, the latest is that the ex spoke to the CSA and at first they said that the debt would always remain. On this, i told her that i cant do anymore as i have this debt hanging over me that it is wronglly calculated. She has contacted the CSA and explained that she wants to wrok things out between her and myself without any interference from them. Apparently, she can close the case and the debt is archived until she requests for it to be reopened if i dont play ball at a later date.
So as long as i keep up weekly payments that i have done for the last so many years and she is willing to except this one off payment from me of a few thousand to help her out of her problems then she will close the case.

Be very very careful! what is stopping your ex from getting this one off payment from you and thinking sod you i'm reopening the CSA case again. I don't know how you will get past this hurdle but i would advise seeking legal advice firstly.