CSA 'overpayment' of £20,000!

kevin137

http://webarchive.nationalarchives.gov.uk/+/http://www.dca.gov.uk/family/remo/countries.htm

Yes in all areas apart from Quebec

AnxiousMum

REMO is most definitely good in Canada - with excellent success.

Not only that, but if the CSA have been collecting payments from your ex, and the ex has been paying them, that would also show his 'intent to pay' and would very likely be made payable as arrears under REMO.

For instance, if I notify my ex 2 years ago, that I'm going for a variation in child support using the Canadian Child support guidelines, then it is clear to him from what his income is, how many children he has, how much he would need to pay. I have three years from notifying him to actually apply - and ALL backpay would be made payable at time of registration of new order in a Canadian court.

Do you know what Province he is in? There are various guidelines depending on which Province he resides in.

Once you have your order registered in a Canadian court - you then need to register all documentation (every piece of documentation referring to orders for child support since you split will be required) with the Family Maintenance Enforcement Program in the Province he resides. Within two months of registration - they will start the process of liens on houses, credit reporting, etc., interception of federal funds (tax returns, HST/GST rebates etc.) and eventually on to drivers licence/passport cancellation etc. But you WILL get the monies owed.

If he has been paying the CSA all these years though, doesn't sound like he begrudges paying it, and has paid willingly as they have had no jurisdiction over him whilst he has been in Canada. Hopefully he will see it as he's paid what was due, albeit through the wrong system, but the two of you can now get it set up through the right system.

To be perfectly honest, if there ever started to be problem with the ex paying - you are way better off dealing with the Canadian system than the CSA.

scaredbird

Thank you for your responses, I will get on to my MP in the morning.
It does seem to be a real mess by the CSA and I really dont understand how it was left for so long. Unfortunately I do not know where in Canada, the first I knew he was there was when I phoned the CSA about the date in their letter of 2005 and they told me. My ex had been living and working in the UK for some time after we split but then all contact ceased some years ago.

AnxiousMum

they'll have no probs locating him if necessary......full name, date of birth, approximate date of entry into the country. Do you still have any of his personal details - passport number etc.?

jojo_2012_2

But isn't it NRP's responsibility to inform CSA if he's moving to Canada? Maybe before he overpays by £20,000 (made of money it seems). For all the CSA know the OP has no idea where he is, a lot of people don't.

Yes this is a very different situation to a NRP failure to pay £20,000. Most of the time they know full well they have offspring to fund and need to update CSA accordingly.

DUTR

jojo_2012 wrote: »

But isn't it NRP's responsibility to inform CSA if he's moving to Canada? Maybe before he overpays by £20,000 (made of money it seems). For all the CSA know the OP has no idea where he is, a lot of people don't.

Yes this is a very different situation to a NRP failure to pay £20,000. Most of the time they know full well they have offspring to fund and need to update CSA accordingly.

From the original post, we do not know how the over payment came about, there was no indication that the NRP had continued to pay, perhaps the CSA were paying out, without checking that the monies was coming in to cover the over payment.

Sensemaya

DUTR wrote: »

perhaps the CSA were paying out, without checking that the monies was coming in to cover the over payment.

But the CSA only pay out when they receive payment from the NRP.
Or are you suggesting the CSA were paying out arrears supposedly paid off in 2005?

We can only wait and see when the OP comes back with their first answer ( and knowing the CSA not necessarily the correct one ).

DUTR

Sensemaya wrote: »

But the CSA only pay out when they receive payment from the NRP.
Or are you suggesting the CSA were paying out arrears supposedly paid off in 2005?

We can only wait and see when the OP comes back with their first answer ( and knowing the CSA not necessarily the correct one ).

I don't know, as I have not been on the receipt of payments from the CSA, but I hear what you say, I'm sure in the past I may have seen a post where the CSA have paid out in leu of recieving payments eg when a DEO is in place.
I know when my niece had passed qualifying age, my bro was still paying for about 6 weeks, but it only came about as the Niece had said the money had stopped coming through as Mum had commented, but Dad was still paying, it was quickly refunded though.

As mentioned earlier though (not an invittation for a bun fight I add ), since the 1st post was not clear , was if the NRP in this case was still paying and raised the concern or the CSA was just paying out without making checks to confirm receipts were arriving, especially where a DEO was inplace, the OP did mention there is no contact with the NRP , but it does seem odd that the error had gone on for a few years before being detected.

DUTR

Sensemaya wrote: »

But the CSA only pay out when they receive payment from the NRP.
Or are you suggesting the CSA were paying out arrears supposedly paid off in 2005?

We can only wait and see when the OP comes back with their first answer ( and knowing the CSA not necessarily the correct one ).

I wonder also if the NRP had put it in a change of circumstance request, and the authorities had taken a long time to act upon it?

Sensemaya

Hi Dutr

I'm not after a bun fight either :easter_ba

Just wondering whether the NRP works or worked for a British Co based in Canada,but that still doesn't explain the delay from 2005 to date. And it still doesn't answer the question why the case was supposedly closed in 2005 but the OP has still been receiving payments.

As for the COC (2005?) and not acted on upon until now it wouldn't surprise me. I wonder whether it's a CS1?

But, on the otherhand, it's not worth pondering about until we get some answers.