Complicated CSA situation. Please help.

deedee71

Needless to say I've been through an acrimonious divorce and need help with this situation. I'm not going to use this thread to vent about my ex, I really need some practical help although I'm devestated he can still exercise this much control over my life.

Split 5 years ago, divorced finally in 2009. Eldest child went back to live with ex in 2008 while other two children stayed with me. We each put in claims to the CSA which negated each other and CSA asked us both to set aside our claims as we would end up paying each other the same amount.

The younger two split their time between us, I have no relationship with my eldest.

In 2009, youngest child was spending much more time at dad's and he started claiming tax credits for her. I had no idea and despite appealing and the fact it was me who informed them about it, I have to pay back £3000 in overpayments as they had been paying both of us for the same child! He then took the tax credits for remaining child in 2010 although left CB with me. When we split up he didn't say don't leave me he said don't take the tax credits!

May 2011 he puts in a claim for CB to be transferred to him for middle child (last one remaining under my name). At the same time he reinstates CSA claim against me for eldest child which the CSA have backdated to 2009. He has also started a new claim for youngest child. I guess he is hoping to get CB for third child so he can also claim CSA for him too.

Our divorce agreement (which states I need to pay him 1/3 of the value of my house when youngest turns 18 - circa £40,000) also included a clause stating each parent is responsible for the child/children living with them, and neither could claim for child maintenance. After a 10 year marriage I left with nothing., I had signed a prenuptial.

I sent a copy of the legal agreement but after 7 weeks just had a call from CSA saying it supercedes any divorce agreement and I am liable to pay.

They have also said they tried to contact me in 2009 and that is why payments have been backdated to then. I have the same address and phone numbers now as then so I don't believe this. I've sent off today for the data protection notes as they definitely didn't contact me. I've had no contact with CSA since 2007 when both cases were set aside.

I've asked as he is backdating his claim to 2009, can I reinstate my claim against him to 2007 - and was told a flat no. It would only be for £5 a week anyway as he is self employed with a creative accountant, so takes all the money out the business as personal drawings leaving no profits.

Does this mean the cases were not set aside but closed in 2007? Is it correct I can't reinstate my claim? (If I'm hit with backpayments to 2009 I'm going to be destitute).

I'm aware fighting the CSA is like pushing treacle uphill. However I'm now starting to wonder if this might be in my favour - if the legal document for our divorce is not valid on the maintenance clause, could I now have it overturned as having to pay him around £40,000 to fund his retirement really sticks in my throat?

I'd appreciate any help as I have absolutely no money for a lawyer and work full time so visiting CAB is highly unlikely.

EclipsedMind

I would be very surprised if you ahev anything other than a clean break consent order at the end of the divorce. As you have discovered the child maintenace provision can be taken on by the CSA I think after 1 year has passed. You will have to pay the 1/3 as it is binding and challenging it would be costly and unless you could prove you had no understanding of what you agreed to you have a snowball in hells chance.

The CSA are a law unto themselves so see what you get in the docs from teh CSA and try and challenge the date if you can find something to support your assertion that they never tried to contact you.

I am confused about a couple of points - you have 3 children and the eldest lives 100% of time with your ex. Where do the other 2 live and what is the care split. Who is getting CB for those 2 - you mentioned a request for CB to be transferred?


EM

deedee71

Thanks for the reply. I guess it is just wishful thinking that I can overturn the minute of agreement.

The two younger kids split their time between us but in the past few months he has made it more and more difficult - last week he cancelled their dentist appointment as he didn't want me taking them as apparently the address they are registered with at the dentist etc has a bearing on CSA.

He routinely tries to remove my name and address from the school records, but the school are wise to him now.

He currently has the CB for the youngest and wants it for our middle child also.

This pattern of control is being facilitated by the CSA. The courts are also useless as I've lost count of the number of times a Sheriff has set out who has which child when, only for him to competely disregard it once we are out the courtroom.

I would like to go again to court re shared care but would have to represent myself.

deedee71

I've put in bold the bit I particularly need help with.

I don't know what the data printouts will show, but I haven't moved or changed my phone number so I don't know why the CSA say they tried to contact me. And of course my ex knows where we live and has my numbers so this just doesn't make sense to me.

What should I say to stop them from backdating the claim? I doubt saying the financial hardship it will cause to pay 2 years of arrears will have much sway with them.

I'll update when I receive the printouts, but any advice in the meantime would be greatfully recieved.

skibadee

I'm a bit confused...........am I right in assuming your eldest lives fulltime with dad and the other two split their time between you?............how many days/nights do they spend with each of you?

We had same problem with CSA in the fact that they said they'd tried to contact us....but we had not moved or changed phone number and we hadn't recieved any correspondance from 2000 til 2007 when we got hit with a £15,000 arrears bill........we tried everything....got data etc., from them.....could not find any mention of them trying to contact us.......went to court twice....second time found in favour of CSA...although I must say this was reluctantly done by magistrate...it appears they have no power over the CSA either!!!

Hence we have been paying back this amount plus regular maintenance for 4 years....September is the last arrears payment!!!!!!!...then back to regular maintenance.

deedee71

Well I've paid the £10 fee today for my records which could take up to 40 days to arrive.

Not hopeful they are going to help me prove or disprove CSA tried to contact me in 2009 now that I've heard others' stories.

deedee71

Wee update

I've received a letter saying I have to "continue" to pay X amount from May 2011. I'm confused about whether this means they agree not to backdate to 2009 or not?? Anyone have any ideas?

This is still only re DS1. They have now had all the documents re new claim for DD for 2 months and still haven't come to a decision about how much I need to pay.

Is this normal to have separate claims for each child?