"Show Cause" Proceedings

koolmummy

Anyone had any experience of this, I'd like to know how long it will take and what is the likely outcome.

Ex went to court last month for committal hearing.He was given 42 days suspended sentence and ordered to pay £300 per month,1st payment to be paid by 1st week in June.

He hasn't paid. CSA now sent him a letter saying pay by 24/06, or balance is payable immediately and action will be taken to return matter back to magistrates for committal.
Magistrates set a review hearing for November as they wanted to see evidence as to his income and they want to increase his payments. Will the Show Cause hearing be left to then or should it happen before?

So frustrated, I just want the money for the children .:mad:

DUTR

Although the money is due, have you ever considered he may not be able to afford it? You must have some kind of idea what the children were costing when you were together.

koolmummy

He earns over £100k per annum. LTD company director, I.T contractor.
File has been to criminal compliance twice, he tells CSA he earns less that £100 p.w, criminal compliance look at his bank accounts and see that the income into his personal accounts is more that £70k per annum.
Debt is nearly £40k.
The children cost a lot less now, they don't go to public schools anymore and I've sold their ponies.
No - this is willful refusal to pay.

DUTR

koolmummy wrote: »

He earns over £100k per annum. LTD company director, I.T contractor.
File has been to criminal compliance twice, he tells CSA he earns less that £100 p.w, criminal compliance look at his bank accounts and see that the income into his personal accounts is more that £70k per annum.
Debt is nearly £40k.
The children cost a lot less now, they don't go to public schools anymore and I've sold their ponies.
No - this is willful refusal to pay.

Sounds like he still loves you and wants a reconcillation

koolmummy

DUTR wrote: »

Sounds like he still loves you and wants a reconcillation

That's the second time you've made me lol today!:rotfl::rotfl:

CMAC_2

koolmummy wrote: »

He earns over £100k per annum. LTD company director, I.T contractor.
File has been to criminal compliance twice, he tells CSA he earns less that £100 p.w, criminal compliance look at his bank accounts and see that the income into his personal accounts is more that £70k per annum.
Debt is nearly £40k.
The children cost a lot less now, they don't go to public schools anymore and I've sold their ponies.
No - this is willful refusal to pay.

I think the CSA are telling you porky pies if he has 70k in his accounts they could simple place a 3rd party debt order on the accounts.

koolmummy

He had £70k per annum being transferred into his personal accounts from his LTD company accounts.
They looked at his personal income in 2004,2005,2006 and 2007, 2007 was when he was reassessed.
He is now running his 4th LTD company. He incorporates them, trades for a couple of years, winds them up and sets up a new one.
CSA started 3rd party debt order proceedings last year, just as it was nearing the date for the full hearing following the interim hearing, the CSA discovered that the account has been closed by the bank. He doesn't own any property, the case is back with criminal compliance as he is currently assessed at £5 per week based on info he has supplied. Committal was really the last option.

kelloggs36

Show cause will probably be before - it depends on how on the ball they are! In theory they should be on the case immediately that he has failed to pay. They may leave it a whole month to make sure that he doesn't pay late but it will go up to their solicitors. My case took a whole year to get back to court :rolleyes: If you chase them regularly, they will probably do it quicker. Good luck.

If he doesn't make payments, he is looking at a jail sentence btw! Mine avoided jail by arranging to remortgage his house to pay off the debt - this took 4 months of tooing and froing to court, with the magistrate getting increasingly fed up! Eventually they told my ex that if he hadn't sorted it within the next 2 weeks (next hearing date) then he was doing down - no more chances. Lo and behold he paid - most of it!!!!!!

CMAC_2

koolmummy wrote: »

He had £70k per annum being transferred into his personal accounts from his LTD company accounts.
They looked at his personal income in 2004,2005,2006 and 2007, 2007 was when he was reassessed.
He is now running his 4th LTD company. He incorporates them, trades for a couple of years, winds them up and sets up a new one.
CSA started 3rd party debt order proceedings last year, just as it was nearing the date for the full hearing following the interim hearing, the CSA discovered that the account has been closed by the bank. He doesn't own any property, the case is back with criminal compliance as he is currently assessed at £5 per week based on info he has supplied. Committal was really the last option.

A third party debt order does not only apply to bank accounts. They could serve the order on the company to recover the dividend payments he puts into his accounts

blimey40

surely they can freeze his bank accounts?

Blob

Just a thought, if he has not paid in the last 6 years, do you think this will now make him pay. If he goes to prision, will you get any money then?

Or will the long suffering tax payer have to pick up the bill for him in prision and when he comes out and for the rest of his life?

There has to be a better way, this treatment did not work before the CSA, so what makes anyone think it will work now?