CSA wants me to pay maintenance twice

DUTR

kelloggs36 wrote: »

As she will be admitting to fraud.

yeah but she won't get charged as it was in the child(s) best interest.
As an aside, if the OP was assesed by the csa , why did he not notify them that he was paying the PWC directly?

HowdensGuy

Hmmm, this all fits now...

A catch-22, hand over the BACS tranasactions or pay maintenance twice.

Anyone have suggestions where I go from here?

DUTR

HowdensGuy wrote: »

Hmmm, this all fits now...

A catch-22, hand over the BACS tranasactions or pay maintenance twice.

Anyone have suggestions where I go from here?

Sadly it seems you may have to pay twice, as both of you did not abide by the rules layed down by the parties you voted in to enforce them. there is no shame in paying via the csa and it leaves you covered and restricts someone from stealing from the state, you may have to put it down to life's experience.

shell_542

DUTR wrote: »

yeah but she won't get charged as it was in the child(s) best interest.
As an aside, if the OP was assesed by the csa , why did he not notify them that he was paying the PWC directly?

I'm confused Howden'sGuy.

The child support you paid directly towards her, was it calculated by the CSA and they allowed you to pay it her directly ... or did she notify the CSA and you just started paying directly to her without either of you notifying them and so arrears were adding up over the time you were paying her directly?

If that makes sense :rolleyes: Sorry.

HowdensGuy

It wasnt calculated by the CSA i just paid it at 20% of income i thought was what the law says, i dont think the csa is disputing the amounts, they both just saying i havnt paid it.

DUTR, what rules say i must inform csa, i thought i had to pay according to income but the rules didnt say how its paid.

Im not sure what you mean when you say put it down to lifes experience, if I am not liable to pay these arrears with the csa according to their rules then I dont think I should pay, im not the one who is lying about money they have received, I have paid my tax and its my accounts that show my income.

shell_542

So what happened?

She contacted the CSA. They contacted you. You agreed to pay between you? Did you tell the CSA you were paying directly to her or was the case still open and arrears clocking up even though you were paying.

She did contact the CSA before you started paying her directly, yes?

HowdensGuy

In 2005 the CSA starting ringing wanting info because i think was she was claiming benefits and i told them I was paying direct and the calls ended. She asked me to pay her and I did.

All the BACS and cheque payments do come to about 20% of taxed income as shown on my account, might be slightly over, we are collating together all the bank receipts and copy-cheques from the bank going back to 2005.

LizzieS_2

HowdensGuy wrote: »

I paid child support cash and kept a written record of it but didnt get ex to sign receipt. The CSA wants me to pay again, twice from the same income and I really cant afford it.

I think ex is saying i have not paid anything and my word against theirs and the CSA is siding with ex. Im not sure why.

Can I write an affidavit (or a statutory declaration??) a sworn statement detailing when and how much I have paid? and can the CSA rebuke it even though there is no evidence to the contrary?

As it transpires she was on benefits, those benefits would have had to be income related for the csa to have compulsory involvement.

You have 2 choices:
1) Pay twice
2) Go through the correct channels to correct the error

For (2) this means reporting her to the DWP for benefit fraud - any income she receives must be declared and deducted from her benefits, the only exception is where she can prove the money was to pay for something in your name (eg half mortgage).

shell_542

I was asking with regards to DUTR's comment about you not contacting the CSA and telling them.

So in reality, the CSA should have said on that phone call "Oh no Mr HowdensGuy, you cannot pay your ex directly as she is claiming benefits, you will have to pay us" and all of this would have been avoided.

This seems to be how it goes. An NRP tries to do the right thing, in this case the CSA and PWC made errors, the former not giving you the correct info and the latter committing benefit fraud ... and it's the NRP who is penalised.

You could contact your MP and see if they can help in anyway.

Yes, the unwritten rules say you should pay as you didn't get that little piece of paper signed off by her every month with the words "child support" on it, but I see no reason why you shouldn't fight it as much as you can. Paying it again would be like admitting you didn't pay it in the first place.

HowdensGuy

The payments werer maintenance but the bank records do show some large payments e.g. new boiler and a car etc and commented as such on the BACS records. None of this shows on paper statements.

Shell, funnily enough the CAB (saw by appt today) said contact MP and I agree with your last comment. I gave into the CSA all these years and there is only so-much I can take. I dispise dishonest and being cheated when I have acted in good faith