CSA tribunal - advice needed

fairdeal71

I am attending a CSA tribunal this month to appeal against a rise in my CSA payments because I have been denied contact with my children for the past year. This is despite offers of mediation. In previous years I have spent thousands trying to get divorced and sort out contact. Both my partner and I both work and have good salaries. We bought a new home last year to help accomodate my partner's children and my children after complaints from my ex-wife about sleeping arrangements. The law in Scotland changed this year with regard to applying for legal aid. Previously due to our income we were not eligible for legal aid. I am now awaiting the decision of the legal aid board although there will be an amount to pay back. I also have raised what is called a Child Welfare Hearing. At a previous welfare hearing several years ago a Sheriff ruled that I was to have residential contact with my children for 4 nights a month. I have been paying CSA monies based on this decision and I am appealing against the rise in monies to be paid due to a fragrant disregard of contact matters by my ex-wife. Can anybody please give advice on how I can argue my case given my personal and financial circumstances? Any advice would be helpful.

kelloggs36

Unfortunately, you actually have to be having the children stay with you for the required number of nights to be allowed the reduction - even if you have the right to have the contact, if you don't actually get the contact means you don't qualify for the reduction. The only way forward is to get your ex back into court as she is in breach of the ruling.

fairdeal71

Thanks Kellogg, the legal system does leave a lot to be desired when it comes to children. The same is true for the CSA - they and some parents with care seem to think the non resident parent has money dripping out their pockets. This is especially true of the benefits culture people - their "entitled to" attitude.

Legally, I think my case is weak, but seeing as my ex-wife has submitted lies to the CSA (about fiddling my wages and my marital status etc) I am arguing that she is withholding contact to obtain more monies via the CSA. She has recently been convicted of benefit fraud on another matter. I really don't know if an appeal will take personal circumstances into consideration. I'm stuck between a rock and a hard place - paying legal bills to re-establish contact and also paying the CSA. It can seem like a no win situation for the children involved and a lot of unnecessary debt and stress.

kelloggs36

I don't think you will win on this argument as the question which matters is do you actually have the children? If not then there is no case to answer.

chriszzz

fairdeal71 wrote: »

Thanks Kellogg, the legal system does leave a lot to be desired when it comes to children. The same is true for the CSA - they and some parents with care seem to think the non resident parent has money dripping out their pockets. This is especially true of the benefits culture people - their "entitled to" attitude.

The legal system for NRP who exes, are witholding contact, seriously needs to be looked at!! When the pwc decides to stop contact for no real reason then they should be made to pay court costs (if allegations were unfounded) because at the end of the day its a form of abuse by denying them the love from NRP and stopping them from developing the skills to having happy healthy relationships in there adult years

Legally, I think my case is weak, but seeing as my ex-wife has submitted lies to the CSA (about fiddling my wages and my marital status etc) I am arguing that she is withholding contact to obtain more monies via the CSA. She has recently been convicted of benefit fraud on another matter. I really don't know if an appeal will take personal circumstances into consideration. I'm stuck between a rock and a hard place - paying legal bills to re-establish contact and also paying the CSA. It can seem like a no win situation for the children involved and a lot of unnecessary debt and stress.

As for the csa, they will only be interested in child support, they will not take into consideration that your ex is withholding contact, unfortunately contact doesnt come with child support there both a different matter and you will be stung for having to go to court just to re-establish contact. Its wrong and shouldnt be allowed for pwc to get away with selfish and immature behaviour. :mad:

Blonde_Bint

In my opinion the system as it stands right now positively encourages pwc to with hold contact, proving who is in the wrong in such cases is nigh on impossible to prove. whats to stop a pwc who is with holding contact because she can/because she gets more money that way from saying the nrp simply didnt turn up to collect child repeatedly.

NRP can say 'contact is not forth coming' and
pwc can say 'NRP isnt turning up' how do you prove whos telling the truth. I have masses of experiance in this area and the only winner back in the day was our lying pwc only because it couldnt be proved either way.

chriszzz

I totally agree with you!! I too have lots of experience in this field and I feel for those NRP and their children. I just dont know how the pwc get away with it and can sleep at night.
I know in this country they dont recognise Parental alienation but am not afraid to say that I believe it does exsist, but then its back to the NRP having to foot the court costs because the pwc wants to play the system and it then becomes to hard for the NRP.
I should of studyd law!!!!!!!!!! Love to be a judge in these cases!!!!

shell_542

It's awful that your ex is withholding contact. Unfortunately contact and child support are completely seperate so you probably wont get very far with arguing about the child support increasing, but you should definitely be able to fight against your ex stopping contact. A woman was jailed for denying her children contact with their father.

chriszzz

shell_542 wrote: »

It's awful that your ex is withholding contact. Unfortunately contact and child support are completely seperate so you probably wont get very far with arguing about the child support increasing, but you should definitely be able to fight against your ex stopping contact. A woman was jailed for denying her children contact with their father.

This isnt a go at you shell its a go at the legal system!!

It is so wrong that he and his partner have to pay the court costs to enable him to have contact with his own children?? :mad:

Its not even about the money its about the time it takes the solicitor to sort it out before contact is re-established. The damage has been done between NRP and child/ren they will never get that time back and who is to say that it wouldnt happen again and off again they go down the courts and hey!! pay some more money that they probably havent got. :mad:

Cases like this is so unfair on the NRP and they should come up with a more effective way, like make the pwc foot the court costs!! :T

shell_542

chriszzz wrote: »

This isnt a go at you shell its a go at the legal system!!

It is so wrong that he and his partner have to pay the court costs to enable him to have contact with his own children?? :mad:

Its not even about the money its about the time it takes the solicitor to sort it out before contact is re-established. The damage has been done between NRP and child/ren they will never get that time back and who is to say that it wouldnt happen again and off again they go down the courts and hey!! pay some more money that they probably havent got. :mad:

Cases like this is so unfair on the NRP and they should come up with a more effective way, like make the pwc foot the court costs!! :T

I do agree. It's terribly sad.

If you join families need fathers, I believe they have information on how to represent yourself which can save some money.