Husband left work to avoid paying maintenance

Blob

Thanks for this, I'll stay out then. Don't need sturing up, enough probs with real time situation thanks.

Wasteland_Drifter

pd001 wrote: »

I am paying twice.
Paid cash the first time around...

You can write an affidavit detailing when and how much cash you paid your ex, and have it sworn before a commissioner of oaths. File an appeal with the affidavit as your evidence and the CSA should comply. This is because the CSA cannot rebuke an affidavit with a point of heresay because its contrary to the Perjury Act 1911.

There are time limits, a month for an appeal and 13 months for a tribunal. You might need to seek professional advice because I dont know if those limits are prescribed in an Act of Parliament or defined in CSA regulations. If they are in an Act of Parliament then, I'm afraid your case is dead in the water.

If the time limits are CSA regulations then you can have them disregarded, but you will need to fast track your case through appeal and tribunal to claim judicial review. Acts of Parliament takes precdedent over any secondary regulation. You may need a solicitor but his fees are recoverable. Apply for legal aid if you are not working or on a low income.

I would have quite happily paid my ex with cash, but it was her unilateral choice to have the CSA do it and she ended up with almost nothing (jurisdiction). I didn't have a choice and the law worked in my favour.

jtk174

Just wondering if there was an answer to the original question. Is there anything that can be done when a court order is ignored when a spouse decides to give up work to avoid paying child support?
A friend of mine is in this position although as far as I understand it, the house won't be sold until the youngest child leaves full time education. Then the proceeds from the sale will be divided. Can the outstanding payments of child support be deducted from the spouses share?

Having read a few posts elsewhere, it seems that giving up work is an easy way out and that the reality is that they may still be employed, but get paid cash in hand. Or else I assume claiming benefits, which every tax payer ends up footing the bill!

I understand the original posters frustration and can't understand why a father who chooses not to pay child support for their own children would even want to have contact with them!?

I am a dad myself by the way.

DaveLy

overthehills wrote: »

Yep, really good reason to withold contact. Make life a lot easier wouldn't it? Not an attack at you honest, but a father paying maintanece is not his "ticket" to see his kids.

It begs the question, why does the mother have to pay for her kids then if technically money isn't a requirement of seeing your own kids? Because if the mother wasn't prepared to pay with time and money, they'd be taken away.

A father should support his children.

nerdley19

i know its been a number of years since the last post, but i was wondering....why is there no consideration of who is to blame/cause the break up?

clearingout

nerdley19 wrote: »

i know its been a number of years since the last post, but i was wondering....why is there no consideration of who is to blame/cause the break up?

because that has bog all to do with the children, doesn't it?

jetta_wales

nerdley19 wrote: »

i know its been a number of years since the last post, but i was wondering....why is there no consideration of who is to blame/cause the break up?

What's that got to do with the price of cheese on Wednesday?