What happens next?

abacus73

I applied to the csa 18 months ago. They eventually tracked down my ex husband earlier this year. He advised them of his salary and they set up maintenance payments accordingly.

I filled out a variation form and sent it back as I felt there was no way he could afford his lifestyle and meet his commitments on the wage he was claiming to earn.

Three weeks ago the csa finally got back to me with a new assessment going on conversations with my ex (he has not sent any documentation in despite being given 3 months to do so) and information I had provided.

They wrote to both of us, advising of the new assessed amount is 8 times what he has been paying and that this was being backdated to the beginning of my case. So my children are due thousands in arrears and the new monthly payments are high. My ex husband disputes the csa figures and wrote into them. He has now cancelled the direct debit payment that was set up from his bank to the csa.

The csa phoned him on Saturday to chase the payment and discuss the new assesment. He has promised to phone this week and give a card payment. I have been advised if this doesn't happen he will be called a few times and then a warning letter will be sent out.

My case is now apparently with the debt enforcement team. Can anyone tell me what happens from now and am I looking at months and months without any child maintenance or can the csa pursue these payments quickly (yes I know some hope, but I am trying to stay optimistic). Any advice very much appreciated.

kevin137

As hard as it sounds, do NOT expect the money to come any time quick, if you can survive without it all the better, but it can take years sometimes...

They may have to go down the LO route, which is liability order, and then you can look at more time, it is normally not something sorted quickly unfortunately...

abacus73

Oh god, even the amount he was paying made such a difference. That is really bad news for us.

Shermanator123

You need to keep phoning the Csa make sure they are sick of you phoning all the time and ask them why they havent imposed a DEO. My ex was just paying what he liked when he liked he never kept to the payment schedule it was a long haul but got there in the end just dont give up stay on the Csa's backs!

PreludeForTimeFeelers

Is he employed or self-employed? If he is employed, and has missed a payment, then they will call him to get the card payment, and will issue him a letter saying "Pay up or we will get a deduction from your wages". He'll have 7 days from the day they send this letter, then if he hasn't responded then the officer in Debt Enforcement will contact his employer. Depending on who he is employed by, they should be able to get a new schedule with the arrears sent over, and get the DEO in place. The initial payment for a DEO can take an extra month or so to get up and running, then you should hopefully receive regular money after that.

One thing to bear in mind is that the dates on your schedule become more of a guide when a DEO is in place, as the employer legally has up until the 19th of the month FOLLOWING the deduction to send that money in to the CSA. So if your schedule says you should get money on 12th November for example, his employer will actually have up until 19th December to send that in.

It all depends how awkward he is going to be. If he makes a card payment, and sets up a direct debit, then things should be regular as clockwork. The CSA will only need to go down the court route if he is self-employed and refuses to pay, if he is employed then it's an easier road ahead.

kevin137

So you have actually been receiving payments already...? That kind of makes things easier, and as per the above post, if he is employed then quicker still, providing he doesn't mess about and give up his job...

I hope you do succeed in getting it sorted.

Phone daily and get on there case to chase for you...!!!

abacus73

He use to be the director of his own limited company. From the huge intake of breath off the first case worker I dealt with at the csa, I have come to realise this is worse case scenario. They seem to have a huge dislike of cases like mine, understandably as they are not straightforward. I am not sure my ex is still his own boss as according to companies house he resigned as director in August.

The lady at the csa did mention something about going for a deo. I didn't take in all she was saying as I felt a bit shell shocked. I am hoping they have more up to date details of his employment than I have and maybe now he is employed rather than self employed.

Am I right in thinking that if he were still his own boss they could not apply a deo? Then what happens?

PreludeForTimeFeelers

abacus73 wrote: »

The lady at the csa did mention something about going for a deo. I didn't take in all she was saying as I felt a bit shell shocked. I am hoping they have more up to date details of his employment than I have and maybe now he is employed rather than self employed.

Am I right in thinking that if he were still his own boss they could not apply a deo? Then what happens?

Directors are generally dealt with by Complex case officers. If he's self-employed then going for a DEO will be pointless I'm afraid. If he is technically employed by his own company while working PAYE for the company then the DEO could still be imposed, but it all depends on what he has been doing since August. Do you think it's possible that he ended his directorship to start 'normal' PAYE work? Or do you think he may have gone fully self-employed?

abacus73

I am afraid I dont know anything much about how he is employed currently. I dont know what I am allowed to know and what information the csa can divulge to me without breaking data protection. I feel completely lost at the moment and dont know where to turn next.

The lady I spoke to said she would send an email to the debt enforcement team and ask them to keep me updated. I am struggling financially so calling them everyday is not an option for me. I was thinking of phoning on saturday so that I am allowing them a bit of time to hear from him (unlikely) or to contact him by phone/write to him. I will keep a regular contact so as they dont put me on the back burner. This is all quite stressful, something I am realising I will have to get use to.

PreludeForTimeFeelers

abacus73 wrote: »

I am struggling financially so calling them everyday is not an option for me. I was thinking of phoning on saturday so that I am allowing them a bit of time to hear from him (unlikely) or to contact him by phone/write to him. I will keep a regular contact so as they dont put me on the back burner. This is all quite stressful, something I am realising I will have to get use to.

When you call, once you have been through security ask that they call you straight back, it will save you a canny bit on your phone bill.