Case going clerical

Kimitatsu

*sigh* I made the mistake today of ringing the CSA today to enquire about my redetermination............I really dont know why I bother.

Basically my ex runs 3 businesses and claims he is paid less than £6k a year - last time his accountant was clever even though we got to the doors of enforcement and I lost the will to live.

Anyway I decided that I should ask for another redetermination which I did 4 weeks ago, rang today to be told by Plymouth that my case had gone to Dudley (I think I groaned at this point) Dudley tell me they dont have it - yet. But the case has a cose 603 allocated to it in preparation of getting a code 605 to go clerical. The lady on the helpline was lovely and extrememly apologetic as she couldnt give me a time frame only that the computer wont accept any changes.

I know others on here have had clerical cases so anyone got an idea of timescales?

Thanks :T

borders_dude

Kimitatsu wrote: »

I know others on here have had clerical cases so anyone got an idea of timescales?

Thanks :T

With the CSA it often depends on when they can be bothered! Often the most simpliest of tasks can takes weeks!

DUTR

Sounds like a case for Judge Judy ....

borders_dude

Even Judge Judy would run into delays when trying to get the CSA to get a move on!

Kimitatsu

DUTR wrote: »

Sounds like a case for Judge Judy ....

:rotfl: I think even she may give up on this one! I have got to the point where my youngest is 10 so I have 8 years to sort it out - it will probably take that long :eek:

LizzieS_2

Kimitatsu wrote: »

*sigh* I made the mistake today of ringing the CSA today to enquire about my redetermination............I really dont know why I bother.

ask for another redetermination which I did 4 weeks ago

No idea on your main question.

From experience though, you need to make more fuss more often.

I did once speak to a very nice person at Dudley who was kind enough to give me a few pieces of inside knowledge to avoid being pushed aside with excuses.

mitchaa

Kimitatsu wrote: »

Basically my ex runs 3 businesses and claims he is paid less than £6k a year - last time his accountant was clever even though we got to the doors of enforcement and I lost the will to live.

If the accounts state that, then the CSA will not have a leg to stand on. The above situation is not unusual, directors do not need to draw a wage from their companies, they can keep the money in there to re-invest and there's nothing you nor anyone else can do about it.

Infact, it is the most sensible way as it then allows them to live off the benefits system whilst building up their companies, i.e reinvesting profits to show allowable costs.

He could well legitimately be drawing only £6k pa. It's upto you to prove that he is not, and this is where it all falls apart, as it's virtually impossible to do so.

kingfisherblue

mitchaa wrote: »

directors do not need to draw a wage from their companies

Although obviously not the case here, some directors do not draw a wage for legitimate reasons. I am a director of a charity which is also a company limited by guarantee. It is a community centre run by a management board, of which I am part. None of the directors are paid - we do not even claim expenses. This is because we have to apply for funding to pay staff wages, utility bills, fees to provide educational courses, staff training, etc. It is not a rich centre, but it offers a vital service in a deprived area. So mitchaa is correct when he/she says that directors do not need to draw a wage, although when it is to avoid the CSA or to claim benefits, I think it is appalling that they don't if the company can afford it.

Kimitatsu

Mitchaa

I agree with you that it is not legally incorrect BUT in this case it is not the case that the companies need investment its the fact that he does not want to pay for his children and this is a convenient way to do it.

If the CSA had not closed the original case then this would be less of an issue because he gets around it by paying his partner the money rather than himself, depsite the fact she has a full time job. I have appealed and was told by the appeals officer that it would fail as I need to prove that his lifestyle is inconsistent with his income.

Kingfisher, I have worked for several charities so I know the great work they do, its this loophole that self employed NRP's can exploit and there seems to be no mechanism to be able to stop them. I am relatively lucky as we manage although it does grate that he earns in excess of £50k a year (yes I can prove that) anf he pays £5 a week for two children. That doesnt even cover their school lunch bill. I have tried the private route, have tried asking just pay for their school shoes but as far as he is concerned it is legally correct and so it stands. His loss really.

Lizzie I agree that I should make more of a fuss more often, but even I get to the point where I become disillusioned, it took 6 months last time to get to enforcement JUST to get him to provide accounts, and even then they were not detailed, they were literally a balance sheet - money in money out that was it, no detail. The CSA though said that was ample.

This is the same bloke that it took me 7 years to get to sign the divorce papers though :rolleyes: so I shouldnt be suprised.