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CSA Problem

Though having read this forum I don't owe nearly as much as some, it's the principal of rather than the amount owed which is the issue.

My case was first sent to the CSA last September by my ex wife. I have two children with her now aged 5 & 7. The problems started after I remarried last year. Previously myself & my wife had a reasonable relationship with my ex, so much so my wife used to help out when required with babysitting etc. My ex even used to call for coffee etc. She was paid more than I should as I've always been a responsible parent, through a bank so I had proof.

The day after I remarried all this changed. She demanded more money & threatened me with the CSA, stopped my access & there was also a fair amount of mental abuse toward the children about myself, my wife & my family. I have another child with my wife who is now two.

When the CSA first got in touch in October last year & all seemed to be going well. I then received a letter telling me what I had to pay, there was no mention of my child who lives with us, in fact my ex had actually told the CSA she'd never had any money from me or that my children had ever stayed with me. Fortunately I had proof that I had paid & they accepted this.

In the space of the first 4 weeks I was sent 4 different amounts to pay, all very confusing! In december of last year I was sent a new payment schedule which was less than I was paying. I forgot to alter my standing order so for 13 weeks I over paid. I was informed I would receive my over payment back, I never have.

In July of this year I received a letter stating I was under paying & had been since December 08! I asked for a breakdown but got nothing. I then received a phone call from them stating that "I had a responsibility to look after my children" I found this very upsetting as I had always been there for my children & had always provided for them.

I decided to write to the lady in question & asked her to appologise for her comments, as you would expect all I got was a letter back telling me it was the way I took it! I think not! I wrote again asking for a full breakdown of payments & arrears which they said there was. I got nothing.

Last week I received a letter stating they were going to be taking the money off my wages, just over £100 per week! They have stated that I should pay as not to cause my two children any hardship, no consideration for my other child whatsoever which I find disgraceful. How can they justify these actions?

If anyone has any advice I would be very grateful, I know there will be others a lot worse off than me but they cannot be allowed to penalise people this way. Thanks in advance.
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Comments

  • Viper_7
    Viper_7 Posts: 1,220 Forumite
    Regardless of the finances, your children cannot be denied access to you.
    how long has it been since you had regular access?

    The CSA imo are very biased - toward the child of course, but as the system is very biased it does hurt when comments suggesting you are not being responsible come out - I've had the same thing but they are just quoting chapter and verse.

    This £100 a week? I gather that is including the areas/underpayments and will settle back to the "normal" rate. As you stated though they said you were also overpaying, so understand why you are confused due to all the mixed messages.
    They can just take it directly from your wages (as it's for the children) but I'd write to them again and document exactly what you have paid and when. Quoting their various responses and amounts, quoting you had been over paying, quoting you'd receive this over payment back and literally ask for the correct figure if they are able to do so and an explanation of why they are so rubbish!

    Between these differering amounts to pay, had you informed them of any changes in your circumstances?
  • Hi,

    Thanks for the reply. Yes I informed them of the changes in circumstances, they seem very "one sided" though. Even though my ex had obviously told them "mistruths" regarding the payments she had received & my access, they didn't seem to care.

    I also ended up taking her to court over the access & mental torture, she was given a slap on the wrist by the judge, I don't think the same would have happened if it had been me mentally abusing the kids! I got access but not as often, only once a fortnight now, that has had an effect on my two children & their brother who lives with us.

    I've found that regardless of my circumstances or available funds they still want their pound of flesh from me. I've sent proof of earnings but still it makes no difference. Even when I had my hours cut at work due to a lack of work they didn't care.

    At present once all of my bills are paid I have around £15 left to but petrol etc which is hard. I dont really have a very good quality of life at present without them taking more off me. The debts are mounting & I see no way out.
  • shell_542
    shell_542 Posts: 1,333 Forumite
    They really don't care about the NRP and their family. All they care about is getting the figure on their system and they don't really care if it is correct or not.

    You need to get that breakdown of your information. Request your a copy of your files again. Nacsa have a template on their website for a letter to send to them ... click here

    You could also contact your local MP and get them to write to the CSA regarding your case, it appears to give them a kick up the backside.

    Good luck with it all.
    August GC 10th - 10th : £200 / £70.61
    NSD : 2/8
  • CRANKY40
    CRANKY40 Posts: 5,947 Forumite
    Part of the Furniture 1,000 Posts Debt-free and Proud! Name Dropper
    You're should also follow up the account breakdown thing. It's the only way you can check your accounts....
  • I think you need to speak to someone who knows what your payments should be so you can use that as a base. i would also request your data files so that you can also use that to help your case. The more people that fight back the better!
    You could email Kelloggs on here, she is an expert and very helpful to ask if she can have a look at what you should be paying and you can contact nacsa re your deo and "arrears" they will be able to let you know what to do and whether the sums involved are in fact correct.
    hth
    :rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:
  • Fighting DEOs is not easy, so your focus has to be on making sure that assessments and any alleged arrears are correct. If CSA were only involved from October 08 then you are on CS2, hence the DEO can take 40% of your net income if there are arrears. If no arrears are on the account, they can only take the sums that equate to your regular mainteannce. So be sure that they are both correct!
  • Viper_7
    Viper_7 Posts: 1,220 Forumite
    Regarding access. you say once a fortnight? How long for?

    Your children have a right to see you and to spend quality time with you. Two nights a week is what you should be looking for and is usually given (As long as there have been no cases of abuse etc - and i'm not suggesting anything here!!)
    Sure it is very one sided and they look out for the children first, and aim to to cause disruption to schooling etc, and I guess it also depends on how close you are geographically.
    Two nights a week doesn't mean every week, I don't think you'd have a problem with say two nights a week on average over the year. ie say two 3 night weeks every month which would leave you "down" a few days per month - but these are pulled back for them seeing you for a full week in school holidays etc.

    also financially you'll see a reduction in maintenance but more importantly see your kids.

    Feel for you, it does feel like they are just point scoring off you and using the system to bleed you dry both financially and emotionally, you know you are a good father, you know you've always looked out for your kids yet your made to feel like lowlife and made to feel like you don't care.
  • just had a thought, if pwc is aware that more time spent with their father means she'll get less maintenance money, this could be why shes being funny with contact. not necessarily the case just a thought.

    After the things we've had done to us nothing anyone has to say about their situation nrp or pwc would surprise me now.

  • After the things we've had done to us nothing anyone has to say about their situation nrp or pwc would surprise me now.

    Yes I agree(on both sides having read about some horrendous nrp's on here)
    :rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:
  • Its a pity the government havent put something together, just as barbaric as the csa, when pwc denies nrp access,(if safe to do so )

    In cases like this the nrp has to go down the long road of seing solicitor, going to court and paying costs, how can that be right??

    If they dont pay csa (which i believe they should) they have all the threats against them.

    I think human rights against genuine nrp is a load of ??????
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