Feels like CSA want me to pay twice ?

spiritsfree

I really appreciate that Kevin....Thank you. I guess the thing that made me help my ex....and it did help the kids, was by retaining a roof over their heads at the time.....and the money saved by the Ex against debt was that it saved her home from being repossessed, and actually increased her disposable income by her paying off one debt...and my thoughts were for the children and the turmoil that would have brought them as their lives would have been turned totally up side down......and she has always worked, so she has never been on benefits.

Thanks again Kevin........Really appreciate your constructive comments and thoughts.

clearingout

but was there any kind of legal agreement drawn up?

I could transfer you £thousands tomorrow but unless there's something in writing, it could be for anything, surely?

kevin137

Approached by Ex in 1992 to see if could help as she was in debt big time....(£63,000) She asked if I could pay the maintenance as a lump sum ( full and final settlement) We worked out a figure, agreed on it, and I subsequently gave her a very large sum.....which i retain proof of !!

1995 a magistrates summons arrives on my doormat saying I owe over £20,000 in back maintenance....Go to court ( Case lasted 10 minutes) and she admitted that I had paid....but wanted more !!

The court case would be proof enough, and judgement would of been posted to both so proof would be the ruling that the debt was settled and that the full and final was recognised by the court.

I assume

clearingout

but was there an agreement it was a payment in lieu of on-going maintenance?!

I seem to remember a case on here before about someone who had a similar situation but after seeing the legal agreement, the CSA was still able to pursue maintenance. I am assuming on this basis, that when/how/on what understanding an agreement was drawn up is going to be key, not what a judge may or may not have decided sometime ago?

Not trying to be difficult and I don't pretend to understand the Law but I think the existence of an original agreement and how it was drawn up is key here?

PreludeForTimeFeelers

I think a factor would also be was it spousal maintenance or clearly defined as child maintenance?

I don't know how clear solicitors who deal in family law are when it comes to court orders. Do they explain to the client that the CSA can over-ride court orders after a year?

spiritsfree

No solely child maintenance.

romanempire

Get your file from the CSA. At least you'd have a clearer idea of their case and you might be able to kill it off altogether.

Good luck,

R.

spiritsfree

Thanks for that Roman....I will, as it may unearth something....thanks !!

kelloggs36

What date was the CSA case opened? In terms of CSA legislation, if you paid her from the sale of your joint home for example, then this could be counted towards as payments in lieu of maintenance, provided it happened before April 1993. If you just paid her a lump sum, then there is NOTHING to stop them from approaching you for maintenance from the date she applied - they did not take any lump sum payments into account I'm afraid.

skibadee

I unfortunatey do not have any answers that may help you, but I wanted to wish you well in getting this sorted....sounds like it will be a long haul...but try not to go give in....get your data files from the CSA ( I think they charge £10 for this now).