Nil assessment - NRP has put everything in new partner's name!

Parity

I have been battling the CSA for the last 6 years to try to get some child maintenance. NRP claims that he is not working and that his lifestyle is funded by friends and family. However, I know that he is working, but he has put the business and any of his assets into his partners name.

He doesn't claim benefits. He also enjoys several foreign holidays each year (sometimes the CSA are aware they are talking to him while he is sunbathing by a pool!). His partner works full time for another company, yet is the director of 'his' company. The company website has HIS name and mobile number on it. DS regales me of how he works alongside him when he has contact. NRP is often late for pick-up/drop-off due to 'business commitments' (I have texts to prove it, both from him and his partner) and has even missed family court appearances with the same excuse.

I have sent the CSA reams of information to prove he is working. The CSA told me to apply for a variation 2 years ago on the grounds that he was diverting funds through his girlfriend and that he had a lifestyle inconsistent with his means. They lost the paperwork for the first variation and it was not processed. So they told me to submit another variation form. 9 months later they told me that the variation would not be accepted as my ex-partner was not working and being sustained by friends and family - PRECISELY THE REASON WHY THEY TOLD ME TO APPLY FOR VARIATION IN THE FIRST PLACE!

Today's call to the CSA resulted in the operator telling me that they did not investigate fraud and that the only way forward for me was to go to the CAB and see if they can help ME to investigate this. As far as they are concerned, there is nothing left to do.

So 6 years down the line, with the situation unchanged throughout, having jumped through the hoops laid out by the CSA and endured their incompetence.....I am right back at square one! Why could they not have told me this 6 years ago!?


Perhaps someone on here can offer more useful information than the trained monkeys at the CSA? I don't know what to do next.

bdt1

Demand that CSA Criminal Compliance involved, put in Complaints via proper channels and maybe involve your MP. If you have all the evidence then fail to see why Criminal Compliance not involved, although dare say they totally overstretched as all Depts are.

YOU really need to keep on at them and exhaust every avenue, if CSA complaints do nothing then you can go to ICE

kelloggs36

Absolutely and you should have appealled against the variation decision to go to a tribunal hearning.

blimey40

How old are the children?

How long has he avoided paying?

judging by what you say I doubt if Criminal Compliance at CSA could do much

Parity

Thanks for all of the advice.

I have contacted my MP and he is going to liaise with the CSA on my behalf. Apparently my case will get passed to a different team (who work with MP's enquiries). Funny how they have to have a special team for MP's - special treatment for those in power it would seem.

I am also discussing the situation with HMRC....as there is an element of tax evasion and fraud. We'll see if the tax people have sharper teeth!

I am looking into appealing the Variation decision. What would a tribunal involve? Does anyone have any experience either of tribunal or of working with criminal compliance? You can PM me if you'd rather not share it publicly.

kelloggs36

Tribunal is fairly straight forward - you need to get the CSA to say that they won't change your assessment for whatever reason and appeal. You then complete the application and select that you wish for an oral hearing - don't go for a written one, you want to go there to put forward your point. Collect as much physical evidence as you can and submit it to the tribunal. They will then pass on this evidence for the other party to comment on. At the hearing they will go over the points and ask the parties questions - depending on the answers they will either make a decision, or tell the NRP to provide extra info. For example, in my case, I alleged that my ex had lied to either the inland revenue or the mortgage company as there was a huge discrepancy between his declared earnings of 9k to the inland revenue, and 36k to the mortgage company (this was from a telephone conversation I had held with the mortgage company). Obviously I did not have anything in writing, but the tribunal felt that it was something that my ex could easily prove, so they told him to submit a copy of his mortgage application. As he had denied what I had said, saying it was lies, he could have proved it had it been the case. He refused to provide the evidence which would have proven beyond any doubt whether I was telling the truth (I was by the way!) On that basis, the tribunal ruled that he had deliberately refused and had something to hide, and that he had in fact a much higher income than he had declared - they backdated the assessment to the very beginning from nil to £76.73 per WEEK. He tried appealling, but was refused leave and then just dropped it.

Parity

Wow! Well done you!

So a tribunal is where they will actually LOOK at the evidence and consider it, rather than just lose it/store it?:D

I'm definitely considering it now.

Thanks!

kelloggs36

Yes, they will consider it very carefully - if there is insufficient evidence then it will get thrown out, but at least you know that somebody has actually looked at it. The CSA in my case told me that in their opinion £34 per week was ample to live on for a family of 4!!!

mum+2

Hi after reading your thread i thought it was me!
a brief summary ex husband has set up limited company but put nothing through for near on 2 years (excuse is setting up new business is hard in the recession) he did give up a 6 figure salary to do this btw. his new partner has also set up a limited company exactly the same company name apart from one word different, she also has a 40 hour a week "other" job and has never been in the same field of work as my ex which is pretty specialised! Their lifestyle is unbeleiveablly lavish numerous expensive holidays brand new flash cars and deisgner labels coming out of their ears! i have now had my pack through for tribunal and hearing date. my only problem is i have no "hard" evidence what i need is for the judge to ask the questions the csa couldnt about the partners business - bank statements off her company - companies she has allegedly been working for so we can prove he is generating the business for her! she pays for everything when he sees the children he has no assets in his name unless they are financed and in negative equity. from my point of view it doesnt take rocket science to think 2 companies with same name different directors who live together one is earning a fortune and the other is earning nothing!!!! this is my last chance i have fought now for 4 years with him to pay maintenance if this doesnt work i will walk away and bring my children up myself with no financial help from my ex - the hardest pill to swallow will be they may not be doing anything illegal but morally it is disgraceful!
any pointers on the tribunal would be much appreciated! i am i think going to NACSA to get them to check my bundle pack and hopefully point me in the right direction!

Mojisola

Parity wrote: »

he has put the business and any of his assets into his partners name.

What goes around, comes around. Just wait for the day when his partner walks out on him, taking all his assets with her because they're in her name!

Kimitatsu

I have had this and it takes an unbelievable long time to get the CSA to take it to compliance. In my case they tell me they know he is working, they know he is not compliant and that it is "being processed".

First things first - remove the personal feelings to it. He is using the loophole in the law and if you let it get to you, it will eat you up. Completely disassociate the maintenance from the child, currently you get nothing so anything is a bonus when it comes.

Next apply for a variation on lifestyle inconsisitent with income BUT gather your evidence carefully. What car does he drive? Get the reg number, facebook - what holidays is he going on, evidence of websites with his details on, twitter? Then print it all off, give the CSA the ammunition they need and then chase them HARD every week without fail. You should get a named case officer - insisit on it, and ring them for weekly updates, find out what shifts they work and keep on top of them. Make notes of all phone calls and push them every step of the way, the CSA has massive sweeping powers and need to be pushed to use them. If he is claiming income of <£5000 for a flat rate assessment then ask for dividends to be taken into account too, and if he has no dividends then apply for a variation of diversion of income (especially as his partner has another job) You can check on the company thru companies house and the ownership of the property through the land registry (nicely they give you the mortgage lender and the price paid for the property too)

I think at this thread we will have to start a new thread specifically for self emplyed NRP's because there seems to be a lot of this at the moment!