Child Support, disasterous!

bdt1

Ok, let's look at this rationally, you seem to need clarifiaction on several points.

Firstly, yes, you are due back in Court so the x2 payments of £100 are essential, as I would imagine the court deem you to be non-compliant otherwise.

Yes, I know of a couple of situations where the Order has (in the 11th hour) not been pursued, these cases where both when CSA knew they were on shaky ground regarding their evidence, and had little in way of hard evidence to prove otherwise.

As you state CSA have recently made a new assessment, yet you have not been asked to provide documentary evidence in order to be re-assessed, I advise what you do is appeal this most recent decision - which has then been back-dated, thus the huge arrears due.

We had similar situation, and have just after 2 and half years, been successful at Tribunal, so at present £32,000 been wiped off our arrears, as assessment was totally incorrect all along.

So, you need to look at whe the most recent assessment was made, if within 1 month (this is period you have to appeal), then write to CSA Appeals Unit, at Pittman Park Way, stating yo wish to appeal decision dated --/--/----, you are appealing (list you r reasons) and enclose any evidence you may have, also state that as a result of this incorrect decision you want to appeal the backdating of the decision to previous decision dates. Put this in writing, send recorded delivery and keep Royal Mail barcode, and print off signature from PC as proof they received it.

If outside of the 1 month appeal timeline, you still have a further 12 months to appeal, but CSA Appeals Dept will probably decline appeal goes ahead, to which you reply that you want a Tribunal Judge to decide if the appeal can be heard. If the Independent Tribunal Judge, states the appeal can be heard, then you ask to attend an oral hearing where an Independent Judge will listen to both parties and make an unbiased decision based on the evidence. CSA must adhere to this and make any corrections in your case accordingly.

With regard to the ex and her sexuality, entrapment etc etc, it matters not a jot, DNA proven you are the biological father, end of story, you are liable for child support.

Also a thought you mention a new partner you have, on CS1, if you have a child living with you then a further change of circumstances should be reported as an allowance in the assessment will be made for children in your household,, also if your rent/mortgage/council tax increases, report change of circs to CSA as these are all used in CS1 calculations

Good luck

PlayingHardball

Wow, nightmare! I can imagine it would be gauling to be forced to pay for a child you don't know and was tricked into. But as others have said, you didn't take responsibility with contraception, so this could have happened to anyone, whether trapped or not, by lesbian or not. You'll have to pay, and for quite some time, best to accept that as fact.

I'm a bit shocked to read that you didn't work for 4 years to avoid paying anything.

Okay, thats my negative comments over with!

It really will help you when you get your data protection file. I hope for your sake that your telephone conversation shows up in it, the one where you told them you weren't working. You would have a Nil assessment then. It seems quite unfair that many NRP don't know how the CSA works and what they need to do with reporting changes of circumstances, and all the official 'do's and don'ts'. Don't the CSA provide information and guideance to NRP when a PWC applies for maintenance, if not, they should do.

Be careful what you say when you apply for your data protection file, don't give them any hints as to what information you are hoping to find (I'm not sure I would entirely trust any goverment organisation not to 'remove' certain bits of info) My DPF certainly had missing telephone calls, not that they would have made a difference in my situation.

Take a deep breath, educate yourself on all things 'CSA', and brace yourself for a very long ride. As someone else said, you'll need [EMAIL="b@lls"]b@lls[/EMAIL] to right this.

Best of luck. There are plenty of people on this site who will help you and talk you through all the necessary steps and processes.

There is also an organisation called NASCA. Google them for information. They help many of us, both PWC and NRP.

midnitecaller

Thanks for the info guys, I am going to apply for the data protection files, any odeas how i can go about this! once i recieve them i will come back for more info. I am considering paying a small amount to the courts rather than the £200 I am due with a covering letter explaining that I over commited on agreeing a monthly repayment figure. I am also going to offer them £10 per week to pay arrears off. As I have read on another thread that there is no legislation where I "have to pay arrears off within 2 years" as they suggested to me at our first court meeting.

Should I send a letter of appeal before I get the Data files or do I wait until I recieve them, I am going to apply for a court ajournment until I can get legal advice and put things in order.

I do have a 9yr old and when he was born I asked my partner to go to the csa as I was in the belief that they would reduce my payments for the first child, however as I mentioned payments increased and the strain of this led to the breakup of that relationship.

I do have access to my 9yr old and he spends 3 nights per week and 6 full weeks per year with me.......does this information affect child number 1s payments?

many thanks again

midnitecaller

bdt1 wrote: »

Yes, I know of a couple of situations where the Order has (in the 11th hour) not been pursued, these cases where both when CSA knew they were on shaky ground regarding their evidence, and had little in way of hard evidence to prove otherwise.
Good luck

Hi, when you say the csa didnt persue the case at the 11th hour due to not having hard evidence, what exactly do you mean?
I have had dna tests 14 years ago and it proved the child was mine, is there any other reason they wouldnt persue it.

I have been under a psyciatrist for the past 2 months since it all blew up again and I was wondering if this would bare any resemblance added with the situation and letters form "her" lesbian partner that the courts might look favourably.

kelloggs36

your data protection file will have details of what was recorded at the time that you told them you weren't working. if they failed to act on the info, then they should correct it - you will need to highlight their error and get your MP to do it for you for more clout. If you pay nothing, then the courts will not be sympathetic at all.

the situation may be unusual, but the bottom line is that you are the father, so regardless of how conception occured, you are liable to pay child support. All you can hope for is to ensure that the assessment is correct.

bdt1

The fact that you have a 9 year old, and that this child spends overnight stays with you is relevant, as this affects CS1 calculation, you need to inform CSA of this, in writing of course.

Send for your Data Protection File, NACSA websitae have a template letter, and it will cost you £10, as far as appeal is concerned I would write appeal letter asap as previously said, there are timelines regarding appeals

CSA_Help

In furtherance to the above hints and tips for your case

The CSA can only implement something when you tell them they wont back date it.

Debicj

CSA_Help wrote: »

In furtherance to the above hints and tips for your case

The CSA can only implement something when you tell them they wont back date it.

Not always true. In my case, the NRP 'forgot' to tell the CSA of a change of circumstances for more than a year. When the CSA told him that they wouldn't backdate, he appealed and won. The CSA had to backdate to the actual date of the change rather than the date it was reported to them.

CSA_Help

Debicj wrote: »

Not always true. In my case, the NRP 'forgot' to tell the CSA of a change of circumstances for more than a year. When the CSA told him that they wouldn't backdate, he appealed and won. The CSA had to backdate to the actual date of the change rather than the date it was reported to them.

Thanks for the usefull info.:o
Could possibly help me also.