child maintenance when serving

ceg77

Hi there, hoping someone could assist. My friend has two children to her ex husband who is a serving soldier, currently in Afganistan. He has always avoided paying child maintenance and as a result the CSA had 40% of his wages arrested for child mainenance and 6 years worth of arrears.

The CSA made a blip and cancelled the arrestment, now my friend is receiving no payments, her ex husband is refusing to contribute. The CSA advised the cannot arrest the wages of a serving soldier in a war zone and nothing can be done until he returns.

Can someone please advise if this can be challenged somehow, as it seems very unfair that a family are put at financial straints because of armed forces legislation and an error of CSA.

thanks

Alias_Omega

Hi ceg77,

I believe that the CSA are wrong with this, the soldier would still be paid in the UK, still paying UK taxes & NI payments.

It might be more of a compassionate ruling, no one in the middle of the desert wants to receive red letters, warnings etc when you can do nothing about it.

I am going to move this to the Benefits board for further advice, as they will know more than in the Armed Forices Section.

Regards,

Alias

Alias_Omega

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DX2

ceg77 wrote: »

Can someone please advise if this can be challenged somehow, as it seems very unfair that a family are put at financial straints because of armed forces legislation and an error of CSA.

thanks

The MOD are a law unto themselves regarding the CSA, they cannot touch them when he is in a war zone. Even when he comes back the CSA can only do a DER (deductions of earnings request) tis up to the paymaster what he pays the CSA.

moggylover

DX2 wrote: »

The MOD are a law unto themselves regarding the CSA, they cannot touch them when he is in a war zone. Even when he comes back the CSA can only do a DER (deductions of earnings request) tis up to the paymaster what he pays the CSA.

Isn't that dreadfully wrong though? Just because he is a soldier it doesn't mean he shouldn't be supporting his kids! Hardly honourable behaviour from the MOD!

DUTR

moggylover wrote: »

Isn't that dreadfully wrong though? Just because he is a soldier it doesn't mean he shouldn't be supporting his kids! Hardly honourable behaviour from the MOD!

If he is out of the country fighting to serve and protect, is he not supporting his kids that way? :eek:
What if he is the next soldier reported on the news killed by the 'enemy' , is the expression of wish going to be challenged?

moggylover

DUTR wrote: »

If he is out of the country fighting to serve and protect, is he not supporting his kids that way? :eek:
What if he is the next soldier reported on the news killed by the 'enemy' , is the expression of wish going to be challenged?

No he most definitely is not! He is paid to do a job (albeit not a particularly nice one) that he signed on of his own volition to do! Whilst I applaud the bravery of the job that soldiers do (and I was married to one:D) I do not feel that this means they can opt out of financially supporting their children any more than I believe any non-resident parent should.

Not at all sure what your last paragraph is getting at! Certainly do not wish death upon him: merely that he accepts responsibility for the children he sired.

DUTR

moggylover wrote: »

No he most definitely is not! He is paid to do a job (albeit not a particularly nice one) that he signed on of his own volition to do! Whilst I applaud the bravery of the job that soldiers do (and I was married to one:D) I do not feel that this means they can opt out of financially supporting their children any more than I believe any non-resident parent should.

Not at all sure what your last paragraph is getting at! Certainly do not wish death upon him: merely that he accepts responsibility for the children he sired.

I trust you mean just the financial responsibilty?

Blob

It also brings in QR's and they are the Law as far as the forces are concerned, one of the things that the CSA have come up against and lost is how much anyone can take from a person that is 'Serving'. It matters not if they are in a 'War Zone' or not, this is something that has been upheld in a Court of Law.

It begs the question as to how much the rest of us have to find as being lawful?

Blob

Oh, yes

It also brings in the fact that to undermine the moral of a soldier on the 'Front Line' is giveing aid to an Enemy of the Crown. That is a very serious crime even today!!!

DX2

moggylover wrote: »

Isn't that dreadfully wrong though? Just because he is a soldier it doesn't mean he shouldn't be supporting his kids! Hardly honourable behaviour from the MOD!

It's all rather stupid imho because when he comes back he will only have a pile of arrears to contend with.