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CSA advice over "debt in law" and statute barring
sockdrawer
Posts: 677 Forumite
Hi,
I'm just looking for some advice re what to do next regarding the CSA.
Ex partner left after 20 years in 2003, moving to England while I'm in Scotland leaving me to bring up four children, whom he prefers not to see. I'm on the new system csa.
He was self employed and went through an agency which paid him minimum wage and the balance of his earnings as dividends, so he was assessed at the minimum wage contribution to child support, which he paid haphazardly. After I appealed his income, (because of the dividends) the case went to tribunal, and a more realistic amount was put in place. He then made himself unemployed and claimed JSA so the csa did not collect anything at all as he needed his protected income and they said they needed to stand by the appeal amount awarded. Shortly after that, I heard he was employed again, informed the CSA, but every time they caught up with him, he swapped agencies, and basically disappeared for several years, paying nothing.
His arrears were made a debt in law two years ago, and the CSA (or the court, I'm not sure) got to the point of instructing bailiffs to go to his house, however he wouldn't let them in, and no further action was taken. (he has no passport or driving licence)
He's recently surfaced again, and the CSA have contacted him. (I think they got hold of him through HMRC) Now they are in the process of doing a reassessment, and I'm a bit confused.
Could someone help me by answering these questions?
1. I don't understand why, when his circumstances changed and he went onto JSA they didn't reasess then, particularly if they are reasessing now. Does the decision of the tribunal (and his history of varying his income to his own convenience) not count?
2. Shouldn't I have some paperwork to confirm the "debt in law"? I'd feel happier if I had something there for the children in case they want to take action in the future- It is their money after all.
3. Is it up to the CSA to enforce the debt in law, or the courts, or me? Can I press the CSA to attempt to enforce it again given they presumably now know where he lives?
4. Is it a debt that will become statute barred? He lives in England, I live in Scotland, and I know the laws can be different. How can I stop it becoming statute barred if at all?
Sorry to rattle on, it's a bit difficult to condense seven years of faffing about into a paragraph or so, but I do feel as if I need to know what I should be doing next for the children's sake. Thankfully I have my health and work, so they don't miss out, but that's not really the point!
I'm just looking for some advice re what to do next regarding the CSA.
Ex partner left after 20 years in 2003, moving to England while I'm in Scotland leaving me to bring up four children, whom he prefers not to see. I'm on the new system csa.
He was self employed and went through an agency which paid him minimum wage and the balance of his earnings as dividends, so he was assessed at the minimum wage contribution to child support, which he paid haphazardly. After I appealed his income, (because of the dividends) the case went to tribunal, and a more realistic amount was put in place. He then made himself unemployed and claimed JSA so the csa did not collect anything at all as he needed his protected income and they said they needed to stand by the appeal amount awarded. Shortly after that, I heard he was employed again, informed the CSA, but every time they caught up with him, he swapped agencies, and basically disappeared for several years, paying nothing.
His arrears were made a debt in law two years ago, and the CSA (or the court, I'm not sure) got to the point of instructing bailiffs to go to his house, however he wouldn't let them in, and no further action was taken. (he has no passport or driving licence)
He's recently surfaced again, and the CSA have contacted him. (I think they got hold of him through HMRC) Now they are in the process of doing a reassessment, and I'm a bit confused.
Could someone help me by answering these questions?
1. I don't understand why, when his circumstances changed and he went onto JSA they didn't reasess then, particularly if they are reasessing now. Does the decision of the tribunal (and his history of varying his income to his own convenience) not count?
2. Shouldn't I have some paperwork to confirm the "debt in law"? I'd feel happier if I had something there for the children in case they want to take action in the future- It is their money after all.
3. Is it up to the CSA to enforce the debt in law, or the courts, or me? Can I press the CSA to attempt to enforce it again given they presumably now know where he lives?
4. Is it a debt that will become statute barred? He lives in England, I live in Scotland, and I know the laws can be different. How can I stop it becoming statute barred if at all?
Sorry to rattle on, it's a bit difficult to condense seven years of faffing about into a paragraph or so, but I do feel as if I need to know what I should be doing next for the children's sake. Thankfully I have my health and work, so they don't miss out, but that's not really the point!
Saving up £25000/£3500 by Jan 1st 2012 by selling my clutter. Remember I'm doing it for Dad.
Textiles, languages, travel and a lovely home are not stupid things to want. You have immediate family's support.Appreciate what I've achieved so far. Other people's opinion of me is none of my business.
Textiles, languages, travel and a lovely home are not stupid things to want. You have immediate family's support.Appreciate what I've achieved so far. Other people's opinion of me is none of my business.
0
Comments
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Long answer short. The debt will not become 'Time Barred' as it is after that date, and anyway, under the Sutherland Judgment, it is when the debt falls due, and that is after an assessment!
If he was on JSA then there is nothing that can be done it is down to Effective Dates.
As for the rest someone else will I am sure come on with more advice.0
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