CSA wants me to pay maintenance twice

kelloggs36

She should declare it, but the CSA won't know if she has or not, and if the NRP wants to avoid paying twice he will have no choice but to make that allegation.

chriszzz

If you have any evidence that you have paid child support to your ex, then I think you have the right as a man to fight this and take it to the top, why should you pay twice??:mad:
Why should your ex get away with taking the money and then lying?? she is then making out that your just another dad who doesn't pay for his children.
Stand up and be counted for!! why should you let the csa and ex bully you into paying again and then they get away with it.:mad:
I wouldn't care that she may get into trouble cos she is easily ready to let you take the rap!! and as we all know she wont go to jail for it!!!
This is what happens to the genuine dads they always seem to get the s----y end of the stick
Hope you do fight it cos it may stop all the other exes doing the same. Good Luck!!!

mumof4flowers

Hi HowdensGuy

This is exactly the same problem as that of my partner, that I posted a few days ago. Ie, he is expected to pay the CSA some £800 when he had been paying via a private agreement. Hence he is expected to pay twice: money to his ex and £800 to the SoS. When he phoned the CSA they said that he could report his ex for fraud as she should have been declaring that income to the DWP (and she should have only been keeping the first £10 of each monthly payment with the rest going to the SoS) but that won't change the fact that he owes this money. He too has receipts for cash payments made but they're hand written and how does he prove that the receipt book isn't falsified. It seems like a lose/lose situation.

Was interested in the advice about contacting our local MP though - i suppose anything's worth a try.

HowdensGuy

Hi, and thank you all for your contributions.

shell_542 wrote: »

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

You are right, the Parliamentary Ombudsman is the way forward. My MP is taking up the case because this is more serious than I originally thought.

If I concede to the CSA demands, then I would have to draw income from the company which is otherwise needed as working capital and disrupts the normal operation of the business.

I am at risk of having to close parts of the business to prevent further damage from fixed overheads, such as the rent on our unit, vehicle leasing costs and staff salaries. Work is not brilliant at the moment, I am only doing about five new kitchens a month when I would normally do two or three a week.

The lass at the MPs office has been excellent, but she talked about tribunals and appeals and im not sure what exactly I am appealing against.

Soubrette wrote: »

it is unlikely she will go to prison due to being a PWC

My MP has a different approach, he says the risk of a custodial sentence is very real for a number of reasons. The length of time she failed to declare income is criminal intent. The children spend more time with me but the CSA says night is day when calculating child support. I can raise my children without state help anyway plus, I would receive tax credits.

HowdensGuy

LizzieS wrote: »

The csa do what is in their remit. You are confusing 2 Government departments here, csa & dwp

This really concerns me now because the CSA is constantly telephoning me saying they ARE the DWP.

Does anyone know the legal position when information is obtained after deliberately giving wrong or misleading identity?

HowdensGuy

kelloggs36 wrote: »

Unless the PWC agrees that you have paid the money and it was for child support, then you won't be able to prove it and will have no choice but to pay again.

LizzieS wrote: »

1) Pay twice

I think we can all agree that would be rather naive.

HowdensGuy

mumof4flowers wrote: »

When he phoned the CSA they said that he could report his ex for fraud

My kids wouldnt thank me for being a grass. CSA and ex must deal with it themselves.

HowdensGuy

chriszzz wrote: »

Stand up and be counted for!! why should you let the csa and ex bully you into paying again and then they get away with it.:mad:

I think you are absolutely right, I nearly conceded to the CSA but I just dont have the money.

I only pressed the panic button because the CSA sent letters containing threats such as bailiffs, prison and being arrested by police. With hindsight I find this CSA attitude against a law abiding taxpayer rather pathetic!

kelloggs36

HowdensGuy wrote: »

This really concerns me now because the CSA is constantly telephoning me saying they ARE the DWP.

Does anyone know the legal position when information is obtained after deliberately giving wrong or misleading identity?

The CSA were part of the DWP they are now independent from them. So when phoning and advising they were from the DWP they were in fact telling the truth. It was thought that advising that you were from the DWP as opposed to the CSA would get more positive contact - ie less errant NRPs denying they were who they were.

kelloggs36

HowdensGuy wrote: »

My kids wouldnt thank me for being a grass. CSA and ex must deal with it themselves.

Unless you have concrete evidence that the money was for child support then the CSA wont be dealing with it with the ex and will pursue you as they will take her word that you didn't pay. If you won't make the allegation to Income Support then they won't investigate it and the subject will be dropped.