CSA Advice Appreciated

ABAFT

Hi All

Desperately seeking some advice to the situation below, I will try and keep it as short as possible!

I had a child with a girl when I was 16 years old, after staying around for a few years the girl (who I might add was crazy and would tell me that she could not get pregnant!) found somebody else and I was kicked into touch, within weeks I was contacted by the CSA. I did what any naive young lad would do and completely avoided the situation, I had left home at a young age and was trying to support myself on £75 per week apprentice wage so I was naturally worried. Eventually a few years later I had DEO placed on my wages for £85 per week (earning £240 before tax!) This money was taken reguarly but eventually stopped. Since the last contact I had with the girl was to have my life threatend by who new BF (I might add he had just come out of prison for robbing somebody at knife point!!) I assumed that she did not welcome my money as well as my contact with the child. So from 2003 I heard nothing from the CSA until last year (Oct 2009) They stated that I owed them £30,000 in arrears and was still liable to £300 per month child maintenance. With no choice I began to pay them £400 per month. In July 2010 I was made redundant and so decided to start my own business. Previously the CSA had refused to re-asses me but a kind gentleman there asseses me to a zero assesment as I was not earning anything. I agreed to continue to pay them £40 per month towards the arears until I could begin to draw a wage from my new business.
I am now being issued with a liability order and though I only live in rented accomodation I am worried about what might happen to me, Can they take away the stock from my business?? I dont really know how to proceed or what to do. I might add that I would of gladly supported the child but was never given the opportunity by the girl, I have a new family now with one child of my own whilst I also support a child from my partners previous marriage (we recieve no maintenance for her as myslef and my partner do not believe in the methods that are employed by the CSA)
Any Advice would be greatly appreciated

Many Thanks

Kimitatsu

HAve you asked for a breakdown of the arrears at all? How old is the child now?

£30k at £85 a month doesnt seem to add up to me because that would mean that you hadnt paid maintenance for 29 years :eek:

Why do you not claim any maintenance for the child you have in your household now? You may not approve of the methods used by the CSA but currently the NRP is getting away with paying nothing at all for his child, when being honest you sound like you could do with the help!

ABAFT

Hi Kimitatsu, Thanks for the reply

The assesment is around £320 per month, this was because I was living with a friend (his mum had very kindly put me up, however did not want me to declare I was paying here rent as she was worried it would affect her tax credits so where I was paying £50 per week rent I had to tell the CSA I was of no fixed abode, therefore they could not allow any rent costs in my assesment)

I will not pursue the NRP because this is about my principals, I would not wish the CSA on anyone and will not sell out my principals due to money!! (thats not a dig at anyone just the way I am!!) I also believe that although there are a high case of NRP's at fault there is a high percentage of women using CSA as a weapon rather than for the good of the child

I have asked for a breakdown of arrears but have never received them.

I am not currently managing to draw a single wage from my business and am relying on hellp from parents to see me through as I believe my business will come good.

Does anybody know if the liability order is granted and bailiffs are assigned, can they touch my business???

Many Thanks

clearingout

principals are all very well and good but they don't necessarily put food on the table. your partner's child's father has both a legal and moral obligation to support his child - even at a minimum - which you should pursue as every little helps. Or is there more to it? Violence? Or mum trying to stop contact between father and child? The CSA is not a 'weapon' - it is an organisation that needs to exist to ensure that both parents make a fair contribution to the lives of their children. The family courts exist for parents who wish to see their children but are being prevented in some way. You state that you 'assume' neither your financial support nor contact with the child was required and then seem surprised that 6 years later, the CSA catches up with you. You can't 'assume' anything in life.

I have to say that you sound like someone who needs to take a bit of responsibility and face up to the issue (apologies if that offends). It's no good saying that you asked for a breakdown of arrears but never received them - ask for them again. You have a right to that information. Request your Data Protection file and once you have that and a breakdown, you'll be better equipped to deal with the issue. You're floundering in the dark a bit at the moment, I think.

You will need to consider your options regarding having previously paid rent but not declaring it because someone else wanted the extra money but didn't want their Tax Credits affected. I don't know how it might have affected her Tax Credits but essentially, if a reduction to her was due, she has committed some kind of fraud and you have been an accessory to that. There's a lesson there.

If the liablity is in your name and not in your business name I can't imagaine that they can touch your business. That's assuming you set up a company and are not sole trading? If you are sole trading it might be more complex but I do think that baliffs generally aren't allowed to take the essentials in life or the tools of your trade. You would do well to discuss your situation either with a solicitor or with your local CAB who should be able to provide you with some advice on this issue. But if the Order hasn't yet actually been granted, surely you have an opportunity to go to court and challenge the assessment? As Kimitatsu says, the figures quite simply don't add up.

ABAFT

clearingout wrote: »

principals are all very well and good but they don't necessarily put food on the table. your partner's child's father has both a legal and moral obligation to support his child - even at a minimum - which you should pursue as every little helps. Or is there more to it? Violence? Or mum trying to stop contact between father and child? The CSA is not a 'weapon' - it is an organisation that needs to exist to ensure that both parents make a fair contribution to the lives of their children. The family courts exist for parents who wish to see their children but are being prevented in some way. You state that you 'assume' neither your financial support nor contact with the child was required and then seem surprised that 6 years later, the CSA catches up with you. You can't 'assume' anything in life.

I have to say that you sound like someone who needs to take a bit of responsibility and face up to the issue (apologies if that offends). It's no good saying that you asked for a breakdown of arrears but never received them - ask for them again. You have a right to that information. Request your Data Protection file and once you have that and a breakdown, you'll be better equipped to deal with the issue. You're floundering in the dark a bit at the moment, I think.

You will need to consider your options regarding having previously paid rent but not declaring it because someone else wanted the extra money but didn't want their Tax Credits affected. I don't know how it might have affected her Tax Credits but essentially, if a reduction to her was due, she has committed some kind of fraud and you have been an accessory to that. There's a lesson there.

If the liablity is in your name and not in your business name I can't imagaine that they can touch your business. That's assuming you set up a company and are not sole trading? If you are sole trading it might be more complex but I do think that baliffs generally aren't allowed to take the essentials in life or the tools of your trade. You would do well to discuss your situation either with a solicitor or with your local CAB who should be able to provide you with some advice on this issue. But if the Order hasn't yet actually been granted, surely you have an opportunity to go to court and challenge the assessment? As Kimitatsu says, the figures quite simply don't add up.

Hi clearingout

No dont worry I am not offended by anything you have said as everybody is entitled to an opinion, I am unfortunately only Human (and a man!) So am proned to and will make mistakes, though I do not go out purposefully to make myself or anybody else's life difficult.
There are some situations you wish you had dealt better with but hindsight is a wonderful thing. So is age and experience.

As for being an accessory to Fraud, well I was young, and in desperate need of a roof over my head and was not going to jepordise that! Unfortunately I was in the situation where you have to play by somebody else's rules, rightly or wrongly.

shell_542

You don't have to go through the CSA for child support. Has your partner asked her ex to contribute by way of a private agreement to provide some financial help?

I don't know about the liability order though, sorry.

ABAFT

shell_542 wrote: »

You don't have to go through the CSA for child support. Has your partner asked her ex to contribute by way of a private agreement to provide some financial help?

I don't know about the liability order though, sorry.

Hi shell_542

I think she has tried a few times to ask him to help towards school uniform etc. but to be honest the situation is difficult as he has now moved to Portugal. Ive always told me partner that I knew she had a child when we got together, therefore I took on the responsibility so I have no problems with providing for her, I want here to feel as much a part of the family as my daughter as I care for her in the same way.

No worries about Liability Order!

Many Thanks