Partners ex has appealed - what now?

PreludeForTimeFeelers

Mojisola wrote: »

Make sure that he keeps records of all this. Don't hand cash over - write cheques so that there is a paper trail.

It's irrelevant really - the extra cash that he is giving her directly (on top of the £5 per week that he is assessed as having to pay) would be classed as a voluntary payment, he doesn't *have* to make these payments, therefore the CSA don't have to count them as payments in lieu of child maintenance.

keir1163

HIya,
i think we all share the same ex! At the time mine just threw loads of mud , mainly to stop legal aid. The tribunal found i never lied and was honest and basically said that my ex not credible. I did however have to disproove all she said via things like bank statements. I cannt remember if i had to provide my partners earnings?...either way it cannt be taken into account, they can only ask to see it to proove that you can live on her wages. And obvioulsy make sure i wasny diverting income.
A tribunal SHOULD go on proof........however be warned sometimes they donnt as i have just found out. I am now PWC and a tribunal have just decided that from a 3 line letter written my ex has left the country and the CSA acted correctly in closing the case even though there is no proof and it is down to my ex to proove she has gone (she chose not to communicate with the CSA or Tribunal despite having UK property and the CSA having her address abroad)

Be honest with a tribunal and make sure it is noted that if anyone produces documents that they are confidential as you donnt want the PWC useing them against you outside the tribunal (as mine did)

good luck and its down to her to proove her allegations ,

Mojisola

PreludeForTimeFeelers wrote: »

It's irrelevant really - the extra cash that he is giving her directly (on top of the £5 per week that he is assessed as having to pay) would be classed as a voluntary payment, he doesn't *have* to make these payments, therefore the CSA don't have to count them as payments in lieu of child maintenance.

It's always worth covering yourself against future problems.

If his ex continues creating problems, he may need to be able to show that he has done what he can to support his children.

kelloggs36

Sensemaya wrote: »

I'm not as politically correct as you,K.

What do you mean?

bewilderedhelpneeded

I have now had sight of the letter from CSA and they have said that she is appealing on the basis of a variation on the grounds of income not taken into account, diversion of income and lifestyle inconsistant with declaired income. They have enclosed copies of all the forms she has completed and asked for my partner to respond to her comments. It looks as if the case is with Central Appeals Unit Team 2 as this is where he has to respond to.

She is alleging that his rent is a certain amount so how can he afford to pay that on his stated income ( in fact she has underestimated it by £50 and my partner owes £000s in rent as he hasn't been able to pay it), In addition he has purchased furniture, items brought in last year do not tally with his income ie tv, new furniture, carpets (in fact I purchased TV as Christmas present, book cases and dining room table were brough cheaply from ebay and sofa was purchased using money my partners mum gave him for Christmas as deposit, and I paid the balance on the understanding he pays me back - he hasn't been able to do so to date, I paid to have carpet replaced as I dropped something on it). She has also stated that she believes that my partner has put his income into my bank account (totally untrue), he hasn't declaired his income from work (yes he has and all tax returns are up to date and CSA used these to calculate maintenance), she has stated that he earn't over £1,000 a month whilst they were together and has enclosed joint bank statements from 2 years ago (They show cash going into the account and she has stated that all the cash being paid in was his income, but my partner cannot remember what is what and it is highly likely that some of the cash deposits were hers. They last statement is dated Jan 09 so can these statements have a bearing as they over 2 years old and the account does not exist any more?), she has enclosed a copy of a cheque I wrote to her in December 10 as 'proof' that my partner is using my bank account (I wrote this cheque out of my savings as she wanted money for Christmas presents - my partner will pay me back when he can), he agreed through solicitors he would pay £300 a month maintenance (in fact solicitors stated in letter what they had agreed between them as private arrangement, nothing agreed with court and private arrangement was not kept up as my partner simply could not afford it so ex went to CSA), and she has said that CSA should investigate his bank accounts as she thinks they will find little or no activity which will prove he is using my account (my partner does not have bank account)`

I have written a letter to CSA for my partner to sign disputing all the allegations and explaining them all. Is there anything in what she has said that can be used against us and what is likely to happen now?

bewilderedhelpneeded

Sensemaya wrote: »

I suggest you write to the CSA giving them this info ie last month he gave her £200 cash towards things for the children and £40 towards their school shoes. He is also paying £100 a month directly to the school towards their school trip.

£5 per week officially is a disgrace. Where is he finding the money quoted above? From you? Must be one heelava school trip.

£5 per week is what he is assessed to pay by CSA according to his tax returns. As previously stated he gives her what he can when he can as well. Yes, when he does not have the money for the school trip i pay and add it to the amount of money that he owes me! I don't have a problem with it. Its the childrens end of year residentual school trip (he is paying for two children at £50 a month each - last payment this month)

RAS

Ho about getting a copy of his credit record and rental record, showing how much in debt he is, and point out that in part that debt has been accrued because he was paying her more voluntary maintenence than he could afford based on his income.

And please please get him to sort out a new basic bank account; they do not require credit checks, do not permit ODs but would allow him to pay in and withdraw money on a card.

bewilderedhelpneeded

RAS wrote: »

Ho about getting a copy of his credit record and rental record, showing how much in debt he is, and point out that in part that debt has been accrued because he was paying her more voluntary maintenence than he could afford based on his income.

And please please get him to sort out a new basic bank account; they do not require credit checks, do not permit ODs but would allow him to pay in and withdraw money on a card.

Thanks thats a great idea

Soubrette

I don't think the cash payments will help his case tbh. He has to answer each point and show evidence to back up his response - so get the landlord to confirm the rent is in arrears in writing, or ask the brother to show the evidence that money has gone from his to his brother and has yet to be repaid.

Back to the cash payments - if I were part of a Tribunal, I'd be wondering how someone who can only afford £5 a week, or just over £20pm, child maintenance can come up with £140 one month, again he might have to show where this money came from.

If he is all above board then his lack of a back account and cash lifestyle might count against him - he's not going to be able to prove where any of the money came from.

jetta_wales

Don't forget if there is a tribunal you really should attend this in person.

Well he should but sounds like it'd be a good idea if you were there too.