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Am I Going to Jail?

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Comments

  • whipped
    whipped Posts: 49 Forumite
    edited 16 December 2010 at 9:42AM
    To answer the original question, no, it is not at all likely that you will go to jail.

    You are legally oblied to support your child by making payments to the CSA, who then pass on the money to the mother. The amount that you have to pay depends on your income. If you have no income, then you are not obliged to pay anything. It is clear that the CSA did not take account of your circumstances when calculating how much you had to pay.

    At this stage you need to seek expert help to "challenge the assessment" that the CSA made. A proper calculation needs to be made, showing how much you should have paid during the time when you were working, and how much (if anything) should have been paid at other times. From this, you can see how much, if anything, you really owe the CSA.

    As for other aspects of the situation, I agree with Viktory. I feel very sorry for your child, and I think your behaviour is disgraceful. People like you really should have no place in Britain. I think that you belong in Afghanistan, and I regret that there is no legal process for removing you from the UK.


    Thank you V, first of all I was born in this country so have as much as right to be here as you, and as belonging to Afghanistan maybe it is a good idea to go there.......but you have left nothing in that country after bombing it to pieces.

    Also I would never have these kind of problems there. My x is living in a very cushy council house, she is working and drives a flash car. If anyone should be returned it should be her. That is why I believe that the Government is cracking down on all this which i agree with so much.

    Children from here like me and so many others, are made to get married in families from abroad, then their spouses come over, when the marriage breaks down these spouses get at the help and benefits under the U.K system and us lot get left out to hang and die. They get council houses, benefits and all the help they can.

    Up until I left my job in Royal Mail I have never been on benefits, and since the age of 16 I have always worked.

    As for the child well I do not have to answer to anyone for that, how many young girls get pregnant after one night stands and don't even know who the father as they were so drunk?

    Where do you think these kind of people should be sent to?

    Anyways I did not post on here to get in to a Jeremy Kyle Debate, so any more crap replies will be left at that.

    THANK YOU.
  • Rossy.
    Rossy. Posts: 2,484 Forumite
    Problem with the CSA also is they take so much money from you, but pay your child's mother pennies. All of the CSA payments are spread out with paying for other kids in this country.

    I've a friend at work who has to pay the CSA £800 per month. He has nothing to live on and struggles to eat let alone get to work and pay bills.

    They are the biggest scamming orginisation this country has. I'm totally for paying for your child but it should be a payment equal to the cost of the childs upbringing

    £50 a week imo is a fair amount.
    If Adam and Eve were created first
    .Does that mean we are all inbred
  • Rossy.
    Rossy. Posts: 2,484 Forumite
    As for other aspects of the situation, I agree with Viktory. I feel very sorry for your child, and I think your behaviour is disgraceful. People like you really should have no place in Britain. I think that you belong in Afghanistan, and I regret that there is no legal process for removing you from the UK.

    what a pathetic comment.

    You need a reality slap. It's people like you who run this counry down in all fairness

    If you've got a racism issue i suggest you keep it to yourself
    If Adam and Eve were created first
    .Does that mean we are all inbred
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    Rossy. wrote: »
    Problem with the CSA also is they take so much money from you, but pay your child's mother pennies. All of the CSA payments are spread out with paying for other kids in this country.

    I've a friend at work who has to pay the CSA £800 per month. He has nothing to live on and struggles to eat let alone get to work and pay bills.

    They are the biggest scamming orginisation this country has. I'm totally for paying for your child but it should be a payment equal to the cost of the childs upbringing

    £50 a week imo is a fair amount.
    Well if a NRP wants to avoid such high payments then they need to make regular payments. To make a payment of £800 then your friend must be on at least £2000 after taxes have been deducted. If your friend has no money with £1200 in his pocket then they need to learn to budget.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • Kimitatsu
    Kimitatsu Posts: 3,886 Forumite
    1,000 Posts Combo Breaker
    whipped wrote: »
    Thank you kimi for such a sensible reply and advice. Yes I did do a Data Request and I believe that the CSA figures are not correct. I have informed the CSA every step of the way on my situation, they know all my details.

    Last time I received a letter from them was in March 2007, then now.........so they have left this matter for over 3 years and are now taking me to court. My M.P has written to them asking for info and why they have let this debt build so high. I have never said that I would not pay and have always kept in touch.

    I need to be in court for the Liability Order the CSA have applied for and wanted to know would I need to make a statement in writing of everything? or would have to say everything orally? Yes I will follow the links you have given, thanks

    Do you have any legal advice that you can take with you? Families need fathers offer a mackenzie friend service (not legal advice but they are advocates who have a huge wealth of knowledge of these proceedings and offer free help). This is not my specialist area so to be honest you need to look to areas such as those and nacsa. When is the hearing? You are able to ask for an adjournment in order to get proper legal advice.

    Families are the worst things in these situations! You absolutely have my sympathy ;) but you need to be strong and just ignore them and use your own counsel.

    Do you want to see this child? You say that you have no feelings for it, although you have offered to support it. Being honest, it may be better for you not to pursue contact in that situation, the PWC (your ex) obviously feels very bitter towards you and fighting contact may only make things worse for the child. Maintaining links through family members so that the child can contact you if they want to when they reach 16 may be your best course of action. Ultimately the courts will rule in the best interests of the child and at 13/14 they have a voice of their own and will be listened to. You have not had any contact with them for that period and so if you were awarded contact at all it would be on a limited basis at first building up to full contact over several years. Given that you already have mental health issues, could you cope with a stroppy teenager right now? Sometimes making the decision that is right for you makes the rest of the situation clearer.

    Voyager - please edit your post to remove the racist remarks. There are two sides to every story and if the PWC came on here saying that she has not allowed any contact for 13 years she would rightly be flamed.

    This is about what is best for the child, and the money that is owed to that child for maintenance not about personal remarks.
    Free/impartial debt advice: Consumer Credit Counselling Service (CCCS) | National Debtline | Find your local CAB
  • Kimitatsu
    Kimitatsu Posts: 3,886 Forumite
    1,000 Posts Combo Breaker
    Rossy. wrote: »
    Problem with the CSA also is they take so much money from you, but pay your child's mother pennies. All of the CSA payments are spread out with paying for other kids in this country.

    I've a friend at work who has to pay the CSA £800 per month. He has nothing to live on and struggles to eat let alone get to work and pay bills.

    They are the biggest scamming orginisation this country has. I'm totally for paying for your child but it should be a payment equal to the cost of the childs upbringing

    £50 a week imo is a fair amount.

    Since when? All of the money that goes to the CSA goes directly to the PWC, it doesnt get spread out or paid pro rata. Even when the PWC is on full means tested benefits, then the maintenance is paid IN FULL to them. So they could get £800 a month in maintenance plus income support, housing benefit, council tax benefit etc etc.

    Please check your facts before posting ;)
    Free/impartial debt advice: Consumer Credit Counselling Service (CCCS) | National Debtline | Find your local CAB
  • Rossy.
    Rossy. Posts: 2,484 Forumite
    edited 16 December 2010 at 9:56AM
    HappyMJ wrote: »
    Well if a NRP wants to avoid such high payments then they need to make regular payments. To make a payment of £800 then your friend must be on at least £2000 after taxes have been deducted. If your friend has no money with £1200 in his pocket then they need to learn to budget.

    Yeah we get £1800 after tax. He budgets but it expensive in London. I think his rent is around £700 per month. so add the rent and csa you've got £1500 already. Bills and food have to come out too so i don't think budgeting is an option really do you

    Basically him and her split when the child was young, i think he said around 8 years ago or something

    He was making cash payments every week. Only had bank statements to prove the amount drawn out.

    When he met a new partner a few months back his ex decided to go the CSA who said that the payments he made could not be proved as they were not paid direct into her account so they've back dated it.

    I don't care what women or what anoyone thinks to be honest, The CSA are rip off merchants.

    At one stage you both like each other enough to get into bed with each other but when it goes sour, most women have no issue in running to the CSA under a cloud of jealousy.

    I do however agree that if the male runs away from his responsibility then he should be made to pay but again in proportion with a fair payment.

    I don't have this problem but i definately wouldn't want to pay for other peoples kids
    If Adam and Eve were created first
    .Does that mean we are all inbred
  • Thanks kimi, I do have a close friend who will come with me to the hearing. Funny thing is that my father was knew that this was not a suitable marriage but chose to stay quiet. He let me marry my x as my mother and nan and uncles were pushing so hard for it. Soon as my x arrived here things just went from bad to worse.

    Now my father has been in contact with my x for the past 10 years and the childs and pretends to play happy families. It makes me sick inside just even to talk about the hypocrisy of him. I have not spoken to my father properly even though I live in the same house as I believe he is solely responsible for turning my life upside down. He was the one that spread rumors to everyone that the child was not mine and he says it is, my x is contact with my father regularly and my father has been paying her money and child.

    Like I said there is a lot going on and has been. If the child wants to see me that is fine but I will not ask for contact, he has turned out to be a good boy and I will not want to do anything to upset or make things worse.

    My x has spread so many malicious rumours, but all who know me know that I am not anything like she says so it does not bother me. A few weeks after I married her I caught a disease, and when I came back to the U.K I was violently ill for nearly a year, and still am.

    Just because I am a man I am not looking for sympathy as I do not believe that I have done anything wrong, but need to finally sort this matter out once and for all.

    Thanks kimi, for your kind words and support. Very much appreciated.
  • Kimitatsu
    Kimitatsu Posts: 3,886 Forumite
    1,000 Posts Combo Breaker
    He was making cash payments every week. Only had bank statements to prove the amount drawn out.

    When he met a new partner a few months back his ex decided to go the CSA who said that the payments he made could not be proved as they were not paid direct into her account so they've back dated it.


    Then do you not think that this is his fault? He failed to make a trail that could be proven as to how much he has paid her, and she has decided that she can get more money out of it! I dont condone her actions in any way, but he should have covered himself so that he did not leave himself vulnerable.
    Now my father has been in contact with my x for the past 10 years and the childs and pretends to play happy families. It makes me sick inside just even to talk about the hypocrisy of him. I have not spoken to my father properly even though I live in the same house as I believe he is solely responsible for turning my life upside down. He was the one that spread rumors to everyone that the child was not mine and he says it is, my x is contact with my father regularly and my father has been paying her money and child.

    If your father has been paying for your child would he be prepared to say that it was on your behalf and can he prove that payments have been made? If this is the case then it may be that the CSA has no leg to stand on so the case may collapse before it even gets to court.

    If your ex has been receiving maintenance for the care of the child then that should be brought to someones attention, but you will need to talk to your father about it, and explain the situation.
    Free/impartial debt advice: Consumer Credit Counselling Service (CCCS) | National Debtline | Find your local CAB
  • Thanks kimi, if you knew my father like I do you would know that on the outside he is something else and inside something else. Even if I did get him to admit this, she would never admit to receiving money from him.

    The reason I know this is that he used to tell me that he pays her, I am not sure how often but is in regular contact with her. As I said earlier the deeper I go in to this the more feuds will erupt in the families. I would prefer to deal with the CSA as I do not have the mental capacity to get involved with any more family members plus my mother is old and elderly and ill and she is my priority at the moments as she is not well at all.

    I will of course inform the court of the whole situation and truth and let them decide. I am glad that at last this will come to some kind of end. I will see what the CAB advise and my hearing is on the 4 Jan 2011, sot too long away and I need advice urgently and fast.

    Is there anyway I can adjourn this hearing to get my case together please?
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