What happens in court?

bdt1

Not sure - but from what you have said - I would suspect this is a Tribunal hearing relating to 'lifestyle inconsistent with declared earnings'. At some point the NRP would have been made aware that Criminal Compliance were involved (we were, they visited our home to ask my hubs questions about income etc), then as your Case Worker has established, the NRP would have been given ample opportunity to explain his circumstances/finances/lifestyle etc. I just cannot see that this can proceed to Magistrate's Court, when it seems that the whole issue is 'lifestyle inconsistent'..................I think (just my experience) that this is more likely to be a Tribunal hearing where the NRP will be asked to provide all evidence in his defence, before an Independent Judge and CSA Rep (but confused as you as PWC usually copied all documents), as surely if the NRP is accused of 'lifestyle inconsistent' and a new assessment has been made based on the Criminal Compliance evidence, then the NRP would have been informed of the CS payment figure, and then would appeal it - thus ending at Tribunal.

Hope this is clear, but maybe the Criminal Compliance have concluded their evidence building, a new assessment has been made (have you been copied a new assessment), and the NRP has been deemed non-compliant, thus a Liaility Order may be pending in view of arrears? Sounds the case.

I really think you need clarification of this from your Case Worker, as cannot see how processes can be jumped, which appears to be what your Case Worker is saying. Very doubtful that your NRP if accused of lifestyle inconsistent, would have just let a new assessment go ahead on CSA evidence without challenging it, or appealing the decision, thus why I'm puzzled. But, maybe he is in process of gaining DP File, and thus, CSA have put 'arrears' to Court in meantime, before he had time to challenge them/arrears/decision

karenx

Yes he is aware criminal compliance are involved. Our case worker is from the falkirk office and has been to visit myself and him on a regular basis over the past few years. Often every 6 months she visits both of us. She would call me after visiting him to tell me what was said. And she would ask about his situtation and if it has changed since last time she visited and if he is or was working etc. And got him to sign her report each time to say what he was telling was the truth. And the same with me when I gave her my evidence etc and she wrote it all down and I signed it. So he has signed numerous papers to say he is not working etc. Yet he is lying about it all.

kelloggs36

I think it is a criminal compliance case where they are looking to prosecute him for providing false information - when a conviction is granted, they will then go back and calculate an assessment based on a figure that he needs to live to sustain that lifestyle.