CSA arrears not being paid

soontobemrsg

Hi guys,
Had a letter this morning from the CSA saying that my ex owed me a substantial sum but due to his current circumstances the arrears have been suspended.

Is there any way I can claim the money due to my children?

Thanks

mspa

I would imagine something has happened so they are unable to collect any money at the moment but they wont suspend them forever. A friend had his suspended for a bit as he has a motorbike accident and was unable to work, he is paying now. You will probably need to contact the csa every so often so to make sure they keep checking his circumstances

soontobemrsg

The only change in his circumstances that I am aware of was that he fathered a new child with his current partner which was born last year. Seems strange that they are now sending me this letter despite not having heard off them for over 5 years and the arrears are dating back from over 10 years ago. I guess it should be noted at this point that we have never received a single maintenance payment from him as when he found out that he was liable to pay money for his children he went onto benefits.
I am just confused as to why I have received this letter at all, does it mean that they are planning to wipe his debt - (not that I expect a payment but if I could how lovely that would be for the children).

PreludeForTimeFeelers

soontobemrsg wrote: »

The only change in his circumstances that I am aware of was that he fathered a new child with his current partner which was born last year. Seems strange that they are now sending me this letter despite not having heard off them for over 5 years and the arrears are dating back from over 10 years ago. I guess it should be noted at this point that we have never received a single maintenance payment from him as when he found out that he was liable to pay money for his children he went onto benefits.
I am just confused as to why I have received this letter at all, does it mean that they are planning to wipe his debt - (not that I expect a payment but if I could how lovely that would be for the children).

They don't have the powers to wipe out debt, just suspend it, so in theory he will still owe the full amount to you. If he's on benefits then they only usually collect the regular maintenance. Do you know what his current circumstances are?

soontobemrsg

PreludeForTimeFeelers wrote: »

They don't have the powers to wipe out debt, just suspend it, so in theory he will still owe the full amount to you. If he's on benefits then they only usually collect the regular maintenance. Do you know what his current circumstances are?

I believe he is claiming DLA as his assessment is nil and I think I'm right that this is the only benefit that is exempt? As part of a couple he also claims CTC and his partner claims the WTC element. He also has undeclared income from buying/selling cars and breeding dogs but that one's hard to prove.

I'm glad to hear that he still owes the money, this letter has just came out of the blue so wasn't really sure what it meant and with it being a Saturday wouldn't have been able to check with anyone until Monday.

It's just really frustrating that I have always worked to support our children and yet whilst he's on benefits he can afford foreign holidays yearly!

PreludeForTimeFeelers

They're open 9-5 on a Saturday, and 8-8 Monday to Friday.

Could be worth giving them a ring and asking what they can do about taking his tax credits into account, perhaps a variation could be applied for..?

skibadee

Have you claimed IS at anytime during the 10yrs? if you have not all the arrears will be payable to you, some will be payable back to the SOS.
The rule regarding PWC in reciept of IS being only allowed to keep £20 a wk of CM payments was changed 2 yrs ago ( I think? ) after that date PWC in reciept of IS is allowed to keep all CM payment.

Definetly keep intouch with CSA regarding collection etc.,

Arrears are rarely if ever wiped, unless they are all owing to PWC who does not wish to pursue their collection.

soontobemrsg

Thanks to everyone for the replies, have not managed to get them on the phone as after pressing the options the line goes dead.

No have not claimed IS, have always worked except for a 3 year break for my degree during which time I had grants and student loans. I really think the only way you can get anywhere with the CSA is to write to them so may get a letter drafted and sent off later to see if they can consider the TC but that hardly seems fair as it's for the new baby. What a silly system!

kevin137

I would Apply for a variation with lifestyle not consistent with income. Breeding dogs and selling cars is pretty easy to prove if he has adds for them...!

HappyMJ

kevin137 wrote: »

I would Apply for a variation with lifestyle not consistent with income. Breeding dogs and selling cars is pretty easy to prove if he has adds for them...!

It's actually very difficult to prove the amount of profit. He will probably be spending all the income on expenses and have no profit. Breeding dogs is not particularly profitable when you can claim so many expenses against the income. Such as a portion of all household expenses including gas/electric/water and rent can be claimed as a deduction against the income if the house/property is used in the breeding of the dogs. That would almost wipe out any profit.

soontobemrsg

thanks for all the help all, have written to the CSA just a waiting game now