NRP went to court but still no money

karenx
karenx Posts: 4,988 Forumite
Its been 7 and a half years since I contacted the CSA and still not a penny from the NRP. Whole time he has been working bar a few months claiming JSA.
He just refuses to pay anything and he ended up going SE but telling CSA he did not work.
We got proof of SE status and earnings.
Court case against him was in december in which he didnt show up and a warrent was put out for his arrest.
5 months later he got arrested and taken to court, he pleaded guilty to fraud and lying to the csa and now has a crimial record.
CSA wrote to him straight after to tell him of payments to make to me, almost 2 months on - still no word from him and still no money.

What happens now? My case worker in criminal compliance said its just a waiting game but surly seeing as its been to court I should be getting something by now?
He used to have his own house but has sold it to move in with his mum, probably in a bid to stop CSA/court trying to take it off him if he doesnt pay.

Im so angry that its went to court but still nothing is happening! Iv paid for everything for my son for over 7 years and hes had a nice big house, currently has 3 cars, goes on about 4 holidays a year yet is still managing to get away with not paying for his son!
I do feel like giving up but Im trying so hard not to as then he will know he has won!

Is there anything I can do or say to make things try move on, arrears are building up and I just want what Im due!
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Comments

  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Sorry to learn of your situation, so many times I see posts of what the csa can do and sanctions they can impose, but in practice, if the nrp is not playing then all the pwc can do is keep praying. I do recall an episode on here where the nrp finally paid up but it was long after the children qualified, and I don't think it was to do with any sanctions levied, more to prove a point (but that's just my opinion)
    It seems all you can do is wait and hope he has a change of heart, as naturally he is not scared of the system or sanctions :o
  • clearingout
    clearingout Posts: 3,290 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    As someone only 2 1/2 years into this without payment, your post makes very depressing reading. I think you should be proud of yourself for keeping at it - many would have given up (I consider it myself some days) and ultimately, your son will know that you tried your best for him. That getting a criminal record means nothing to him says so much about him . Don't give up - that way he wins. Stay on his back for as long as the CSA will support you with that. Why not? When you get tired and fed up, leave it. You don't have to phone the CSA every day, every week or even every month. If you can't face it, leave it for a month, year or even longer. The CSA are useless, we all know that, but they do plug away at things in the background - it helps to push things along by speaking with them but if you don't, the case doesn't close.

    Your son deserves this and so do you. Don't let him get away with it. Take care xxxx
  • w1ck3d
    w1ck3d Posts: 84 Forumite
    Get your Local MP involved, trust me. The help PWC as well as NRP's and they love to hear about the failing CSA system. Send a letter with full details to the CSA, find out your case Worker, or whether its Tear 1 or Tear 2, and also send letter to your MP. Make sure they are both recorded and make sure you put at the bottom of the CSA letter, CC (your Local MP Name ) and wait for the fireworks.

    This is coming from a CSA screwed up NRP, that has been honest, and got justice, so as PWC you should have very good ground to stand on.

    Hope this helps
  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
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    The CSA have to go back to court now as he has failed to adhere to the court's ruling - they have to show that he has not made any payments and the courts will then decide what to do next.
  • Blob
    Blob Posts: 1,011 Forumite
    It will also be run by the Court's rules and not the CSA's rules, please remember this. In reality they are miles apart, though the CSA wont admit this!
  • karenx
    karenx Posts: 4,988 Forumite
    Thanks everyone. We are going on holiday next week so will get a letter of to my MP before I go so hopefully a reply will arrive for me when I come back. I never thought of that.

    I was hoping in court his pasport would of gotten taken off him but no mention of that and he is away to ibiza for a lads holiday next month for 2 weeks! Very nice of him to be able to afford that despite saying he has no money!

    My friend told me about a new thing his friend managed to do about getting maintenance. I found a little bit online about it but doesnt say how to go about it.
    http://csa.gov.uk/en/about/news/2010/07-12.asp
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    karenx wrote: »
    Thanks everyone. We are going on holiday next week so will get a letter of to my MP before I go so hopefully a reply will arrive for me when I come back. I never thought of that.

    I was hoping in court his pasport would of gotten taken off him but no mention of that and he is away to ibiza for a lads holiday next month for 2 weeks! Very nice of him to be able to afford that despite saying he has no money!

    My friend told me about a new thing his friend managed to do about getting maintenance. I found a little bit online about it but doesnt say how to go about it.
    http://csa.gov.uk/en/about/news/2010/07-12.asp

    Karen, you are going to have to look at the practical aspects of succesfully getting CS contributions, but it seems all these silly little sanctions don't frighten some folk into paying, criminial records, charging orders, withdrawal of passports / driving licence, prison! None of these sanctions are quick to apply or even effective, the case will be be still ongoing long after you return from your holidays, enjoy that and your time away :beer:
  • vitriol
    vitriol Posts: 70 Forumite
    as far as im aware its not a criminal record that he will have but the issues you state is a civil one
  • clearingout
    clearingout Posts: 3,290 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    vitriol wrote: »
    as far as im aware its not a criminal record that he will have but the issues you state is a civil one

    that's an interesting point - it would be good to get clarification on that. As I understand it, there are issues which are 'criminal' and others which are civil and there are lines where maintenance crosses from one to the other, I think. I know one of my caseworkers told me it was a 'criminal offence' not to update your contact details with the CSA and that you can be prosecuted for it. Some kind of criminality would have an impact on NRPs who need a clean CRB to work - my ex is one of them - unfortunately, the flip side is if I pushed for criminal prosecution and got it, my ex wouldn't be able to work and therefore wouldn't be able to pay maintenance. It's very difficult to make those kinds of decisions.
  • karenx
    karenx Posts: 4,988 Forumite
    Little update- he was back in court and has been given another date to come back with proof of his income from past years from when case started.
    I asked what would happen if theres periods missing and was told - nothing!
    So he could be hiding away P60s etc just to hide the fact he was earning more!

    For past 4 years he has been self employed so I asked what would happen if one month he says he only earnt say £100 but he has a mortgage etc to pay would he have to prove how this was paid if he didnt earn much and was told no he wouldnt have to prove anything. Just have to give over his figures!
    I know he will only declare the bare minimum and then keep alot of cash from jobs to pay bills etc.

    I think this is so wrong. He should have to also prove where extra money came from to pay the bills.

    I didnt contact my MP before as other things came up and I forgot. Is it worth contacting him now? Or when I get notification of his earnings? As I know they will be a complete lie compared to his lifestyle.
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