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Can ouo go to prison more than once for non-payment of CSA?

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Comments

  • Kimitatsu
    Kimitatsu Posts: 3,886 Forumite
    1,000 Posts Combo Breaker
    Justjohn is right - if you dont pay these arrears then you can go to prison serve your sentance and be released. But you will have to still pay the arrears which have built up to that point.

    From that point onwards further arrears will build up so you can be taken to court for those (where the other arrears can be mentioned but not included - they can still lie on file though) and again committed to prison. So technically you can be sent back to prison again and again, it will just be for further arrears, does that make sense now?

    Not often I recommend this but have you checked out families need fathers? They run a series of Mackenzie Friends who will help you through the court system and help you to file for contact on your own premise. This means that you only have to pay the cost of the filing fee and the court gives you greater leeway as you cannot access legal aid. There are some excellent ones on there, if you pm speedster then he can probably help too.

    Bear in mind it will trigger a CAFCASS case review, which will make recommendations to the court based on how your son looks at things as well, but the courts actively encourage parental involvement even if only by letter to begin with. Being a teenager then be prepared for lots of acrimony but stick with it and you will get to the bottom of what his mother actually said and then you can begin to repair some of the damage and start your relationship again.

    Dont let the CSA send you to prison, go and see the CAB and get them to put together a full financial statement explaining what you really can afford to pay and allow the court to rule on that - they are far more lenient if they see that you are addressing the issue.

    Good luck :)
    Free/impartial debt advice: Consumer Credit Counselling Service (CCCS) | National Debtline | Find your local CAB
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    swingaloo wrote: »
    it does not sound like they are having any sort of contact or parental involvment other than 'we want some money!' :o

    What do you base that assumption on?

    I based it on what the OP had written.
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    YOu can not go to prison twice for the same crime. I.E if you don't pay CSA and you go to prison when you come out you have to pay. If you still don't pay then you will be tried again as it is a seperate crime.

    Your question is like saying...

    If I murder someone and go to prison - once I am released after 20 years I can murder as many people as I like as I can't be imprisoned again for the same crime??
    It doesn't make sense - it is not the same offence but a different criminal event..

    Which is what Kellogs36 mentioned, if what the NRP has not paid up to date was served via a sentence then after the release perhaps only £5 per week would be due anyways.
    the murder example is a poor one and not really relative to what the OP is asking, that said it would depend on what the defendant is being imprisoned for, tbh I don't think not paying CS is imprisonable, however contempt of court is.
    A rather sweeping statement....so all single mums that are chasing child support have denied access?? I don't think so

    I didn't say or write the bit you added did I ?
  • swingaloo
    swingaloo Posts: 3,587 Forumite
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    But he didnt mention contact in his opening post?
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    swingaloo wrote: »
    But he didnt mention contact in his opening post?

    Although the OP had in the 1st line of post #8, it seems obvious if there was willing contact that the OP would not be even be considering taking a custodial sentence, even though CS and contact are not linked.
  • Mrs_justjohn
    Mrs_justjohn Posts: 1,245 Forumite
    Kimitatsu wrote: »
    Justjohn is right - if you dont pay these arrears then you can go to prison serve your sentance and be released. But you will have to still pay the arrears which have built up to that point.

    From that point onwards further arrears will build up so you can be taken to court for those (where the other arrears can be mentioned but not included - they can still lie on file though) and again committed to prison. So technically you can be sent back to prison again and again, it will just be for further arrears, does that make sense now?

    Thank you - I think you explained it so much better than me - but that is what I meant....:rotfl:

    Not often I recommend this but have you checked out families need fathers? They run a series of Mackenzie Friends who will help you through the court system and help you to file for contact on your own premise. This means that you only have to pay the cost of the filing fee and the court gives you greater leeway as you cannot access legal aid. There are some excellent ones on there, if you pm speedster then he can probably help too.

    Bear in mind it will trigger a CAFCASS case review, which will make recommendations to the court based on how your son looks at things as well, but the courts actively encourage parental involvement even if only by letter to begin with. Being a teenager then be prepared for lots of acrimony but stick with it and you will get to the bottom of what his mother actually said and then you can begin to repair some of the damage and start your relationship again.

    Dont let the CSA send you to prison, go and see the CAB and get them to put together a full financial statement explaining what you really can afford to pay and allow the court to rule on that - they are far more lenient if they see that you are addressing the issue.

    Good luck :)

    ......................
  • swingaloo
    swingaloo Posts: 3,587 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I posted my remark before the op did post 8. However it dosnt really matter does it.
  • Mrs_justjohn
    Mrs_justjohn Posts: 1,245 Forumite
    swingaloo wrote: »
    But he didnt mention contact in his opening post?


    Thats what I thought...LOL

    He mentioned contact in post 8 - The 'assumption' was made 2 posts before that:undecided
  • Mrs_justjohn
    Mrs_justjohn Posts: 1,245 Forumite
    DUTR wrote: »


    I didn't say or write the bit you added did I ?

    What bit did I add??

    I read your post as stating that most people chasing CS were witholding/denying access rights.

    What are you saying I added?
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    swingaloo wrote: »
    I posted my remark before the op did post 8. However it dosnt really matter does it.
    Thats what I thought...LOL

    He mentioned contact in post 8 - The 'assumption' was made 2 posts before that:undecided

    I just got that feeling from the original post #1 and mentioned why I thought that later on, this time I was 'correct' however that s not always the way :o
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