Prosecution Procedure

devils_vixen

Has anyone went through or is going through prosecution by CSA? What is the likely outcome if NRP is found guilty?

Basically, my ex was due x amount per week plus arrears. He then claimed he and his current partner split so the amount was halved. A few months passed, I see them together phoned CSA and there was nothing they could do. I then heard from 4 different people that they WERE together and had had another child. They were still living together too! So phoned CSA and he has been investigated and looks like this is set to go to court. Downside is my payments have stopped. Don't know why though as there is money sitting on the system that is due to me and the payments were coming out by an enforcement order.
Anyway we are talking about 18months worth of money that he should have paid to me but instead they made out they were no longer together. I am just looking for a bit of advice - I am dreading the court date.... I will be taking that day off since I work there and can't be bothered with the usual hassle. Starting to wonder if I should have just left things as they were

karenx

My case is going to court, god knows when it will be though, it was sent to the fiscal a few weeks ago. Im due 6 years worth! It was calculated at £78 per week so thats almost 25k.

pd001

karenx wrote: »

My case is going to court, god knows when it will be though, it was sent to the fiscal a few weeks ago. Im due 6 years worth! It was calculated at £78 per week so thats almost 25k.

Keep us posted on that one. Would be interested to see how they will get that amount off the nrp

Kimitatsu

devils_vixen wrote: »

Has anyone went through or is going through prosecution by CSA? What is the likely outcome if NRP is found guilty?

Basically, my ex was due x amount per week plus arrears. He then claimed he and his current partner split so the amount was halved. A few months passed, I see them together phoned CSA and there was nothing they could do. I then heard from 4 different people that they WERE together and had had another child. They were still living together too! So phoned CSA and he has been investigated and looks like this is set to go to court. Downside is my payments have stopped. Don't know why though as there is money sitting on the system that is due to me and the payments were coming out by an enforcement order.
Anyway we are talking about 18months worth of money that he should have paid to me but instead they made out they were no longer together. I am just looking for a bit of advice - I am dreading the court date.... I will be taking that day off since I work there and can't be bothered with the usual hassle. Starting to wonder if I should have just left things as they were

Cant advise too much on the court side of it - pm Kellogs as she has had one go to enforcement and court. In all honesty 9 times out of 10 they come to an arrangement on the steps of the court and if they do then the CSA willl not pursue it any further.

If the CSA has investigated and he has lied then potentially he has given false information, and could be penalised for that, but the likelihood is they will see if they can find assets which could be seized or a charging order placed on to offset the debt.

DONT GIVE UP :j:j thats what he is hoping for, if he sits it out long enough you will give up and he will have got away without paying. That money is for your child and goes towards their upkeep :T

kelloggs36

pd001 wrote: »

Keep us posted on that one. Would be interested to see how they will get that amount off the nrp

I got 25k from my NRP - he remortgaged his house, but he still owes me just under 2k - court adjourned for the 2nd time (first time he failed to attend, so a warrant was issued for his arrest; second time he turned up and said that his wife was going to inherit some money from her mum). I won't hold my breath - it has been adjourned until February - only 2 and a half years since he failed to honour his agreement. It took 7 years to get the rest - so only 5 more to go!!

PlayingHardball

Wow Kelloggs! That would buy a whole lot of crunchy nut!

PlayingHardball

Hey!!!!!! I've just noticed that I'm a STALWART now!!!! Time to celebrate! (when does this happen!)

karenx

kelloggs36 wrote: »

I got 25k from my NRP - he remortgaged his house, but he still owes me just under 2k - court adjourned for the 2nd time (first time he failed to attend, so a warrant was issued for his arrest; second time he turned up and said that his wife was going to inherit some money from her mum). I won't hold my breath - it has been adjourned until February - only 2 and a half years since he failed to honour his agreement. It took 7 years to get the rest - so only 5 more to go!!

did the 25k come as one payment? And then straight to the pwc? I would absoltuly love that to happen to me but I'm not holding my breathe!
Well done with that!!

kelloggs36

Yes it did!!

pd001

kelloggs36 wrote: »

- only 2 and a half years since he failed to honour his agreement. It took 7 years to get the rest - so only 5 more to go!!

....very long wait...you certainly shouldnt have had to wait all that time

kelloggs36

No I shouldn't but as he was non-compliant it took the CSA a very long time (despite me prompting them constantly) to realise this and actually take some action. It still goes on - the courts are now allowing him to drag it out again - by believing his lies which never come to fruition unless he is faced with the ultimate choice - pay or go to prison. I won't be paid by the next date, and I know it will be adjourned again - and again!!! My enforcement caseworker is furious that the Court Presenting Officer did not give any history to the court nor explain his broken agreements - and let him walk all over her - again!!! It's a long wait but one which I can't lose really, so I shall remain patient. Afterall, he is the one who has to pay and I have nothing to lose. I can't be bothered to fight any more as I have had most of it, so I just let it run its course now.