First Timer - Stressed out

codown_2

T his is the first time I've ever used this, so please bare with me.

My partner was declared bankrupt last year, 3 months later he was given a liability order for unpaid CSA payments. This amounts to nearly 8K, he believed that he had a private agreement with his ex wife since 2005 but it appears not. He had been paying for all their school meals, childcare, pocket money, school uniforms and he even gave her money to take the kids on holiday as she couldn't afford to. But his circumstances changed when the building trade almost stopped (he is a builder) and as a result he was made bankrupt.

He has worked very little over the past year but the CSA are asking for his income and are saying that he had missed his latest payment. He hasn't made any payments during the past year as the CSA couldn't tell him how much he had to pay.

His wife has turned the kids against him by telling the kids that their father is not paying for them and god knows what else!!! She has been told by social workers before that the kids should not be involved in 'adult matters' but she still insists in dragging them into everything.

My partner just wants to see he kids grow up and be allowed to be father to them. Has anyone got any suggestions on how to turn this situation????

redwards060685

Hi, I'm new to this too. I don't have much advice for you on your worries i'm afraid, but hope you get some helful feedback on which route to pursue next. However, i was wondering if i could possibly ask you a few qu's as it sounds as though you may be able to provide me with some info as i'm new to csa..... Basically, i am in the process of contacting csa regarding my ex partner who left 5 months ago. Our son is 12 months old. He too has been declared bankrupt, and i was wondering if you knew whether or not this had any impact on the amount of money csa calculate to deduct?

skibadee

redwards060685 wrote: »

Hi, I'm new to this too. I don't have much advice for you on your worries i'm afraid, but hope you get some helful feedback on which route to pursue next. However, i was wondering if i could possibly ask you a few qu's as it sounds as though you may be able to provide me with some info as i'm new to csa..... Basically, i am in the process of contacting csa regarding my ex partner who left 5 months ago. Our son is 12 months old. He too has been declared bankrupt, and i was wondering if you knew whether or not this had any impact on the amount of money csa calculate to deduct?[/QUOTE

The fact that your ex has been declared bankrupt should not have any impact on the CSA calculation....as long as he is still working....presumably the bankruptcy was to clear credit debts.

skibadee

codown wrote: »

T his is the first time I've ever used this, so please bare with me.

My partner was declared bankrupt last year, 3 months later he was given a liability order for unpaid CSA payments. This amounts to nearly 8K, he believed that he had a private agreement with his ex wife since 2005 but it appears not. He had been paying for all their school meals, childcare, pocket money, school uniforms and he even gave her money to take the kids on holiday as she couldn't afford to. But his circumstances changed when the building trade almost stopped (he is a builder) and as a result he was made bankrupt.

He has worked very little over the past year but the CSA are asking for his income and are saying that he had missed his latest payment. He hasn't made any payments during the past year as the CSA couldn't tell him how much he had to pay.

His wife has turned the kids against him by telling the kids that their father is not paying for them and god knows what else!!! She has been told by social workers before that the kids should not be involved in 'adult matters' but she still insists in dragging them into everything.

My partner just wants to see he kids grow up and be allowed to be father to them. Has anyone got any suggestions on how to turn this situation????

Sorry I don't really have any answers for you, obviously if the CSA case has been open for at least a year and no paymemts have been made there will now possily be arrears to be paid in addition to regular maitenance.
Unfortunately private arrangements only appear to stand if done/worded very ridgidly on my both sides so there is no dispute from either party as to when and what payments were made.

You really need to talk to CSA to find out where exactly you are at regarding the case...ie., has a assessment been made, how much, when from.

It would appear from your OP that social services are involved with the family/children......is it possible that you too can talk to their social worker...with the childrens interests at heart and explain your partners side of things regarding seeing the children etc.,
how old are the children?
It is very sad when PWC's turn children against NRP's where money is concerned especially, when , as in your case there is a genuine reason for not being able to pay the usual maintenance.......maybe you could try paying as much as you could afford to pay at the moment??????...But definetly contact the CSA first!!.....if a Liability Order is in place the CSA can take enforcement action...then it is important to contact the Liability team and try to reach an agreement with them to repay the arrears over 2 yrs [ their guidelne time set to reover arrears in ]

Do you have any children together?

codown_2

Hey, thanks for the comments. skibadee - I don't have any kids, this whole episode has put me off ever having any!! His kids are 9 and 15, we are reluctant to bring the social workers back into the equation as every time they talk to the children, the ex tries to start an argument the night before so that the kids are upset and she has them well prompted on what to say.

We have just left a folder with the CSA today showing all his income over the past year, so hopefully we can get a reassessment done as at the moment his weekly payments are £50.00 and there is no way we can afford that.

His business showed a loss in 06, 07, 08 and bankrupt in 2009 but the liability order was based on earnings in 2005. Do you know if the CSA can reassess the arrears after a liability order has been granted?

CSA_Help

codown wrote: »

Hey, thanks for the comments. skibadee - I don't have any kids, this whole episode has put me off ever having any!! His kids are 9 and 15, we are reluctant to bring the social workers back into the equation as every time they talk to the children, the ex tries to start an argument the night before so that the kids are upset and she has them well prompted on what to say.

We have just left a folder with the CSA today showing all his income over the past year, so hopefully we can get a reassessment done as at the moment his weekly payments are £50.00 and there is no way we can afford that.

His business showed a loss in 06, 07, 08 and bankrupt in 2009 but the liability order was based on earnings in 2005. Do you know if the CSA can reassess the arrears after a liability order has been granted?

Yes the liablity order will be granted no matter what as the judge isn't allowed to question the figure or how it is calculated .

If you have informed the CSA losses at the time they should re asses

bdt1

We also have a LO in place, for debts we have proven to CSA we do not owe - then CSA strangely lost our evidence to support our cause - very strange.

Anyway my hubs is NRP and he is also self-employed, his business is also very slow at moment (he is working part-time not enough work for full-time), CSA said he earns £497 per week and assessed us on that figure, backdated the assessment to 2004, then said he owed 34k, the CSA then got Liability Order, CCJ and interim charge on house, we are now awaiting Triunal hearing to sort the mess out.

My hubs also had a petition against him nearly 2 years ago for ankruptcy, but we managed to cobble together an IVA, in order to save our home. Suppose my next question is, do you own a property? If so they will go for a charge on it, to the amount of debt they say you owe.

If I were you I would put an appeal in immediately, I have address of appeals dept if you need it, send a letter recorded delivery, stating on which grounds you want to appeal, and keep Royal Mail barcode as proof they received it. Unfortunately CSA debt is nohing to do with bankruptcy they will chase you anyway, so expect bailiffs etc etc, if you have an expensive car registered to you, you may want to think about who is the registered owner?? A property can also be moved into your partners name etc, but only before a Liability Order is granted or enforcement commenced, Blob, best to advise on this I think.

Again ask for your data protection file, NACSA website have template

bdt1

Sorry and yes the CSA can reduce a Liability Order at any time following the granting of it, the only thing they cannot do is increase it, they will simply get a 2nd Liability Order instead