Feels like CSA want me to pay twice ?

Bluemeanie_2

kelloggs36 wrote: »

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.

Exactly. I feel the OP is going down the wrong route trying to get out of paying the CSA. I can't find any exemption in the law that allows you to contract out of the Child Support Act. (You cannot contract out of the law, the law would be dead letter/pointless if you could!)

The solution would have been to sue the ex ASAP after she opened the case for straight forward breach of contract, hopefully get the money returned or at least a judgement and going forward paying the CSA with this. I unsure if there is a statute of limitation on suing for breach of contract. I didn't look it up.
It's clearly the only avenue, if he does have anywhere left to go, since the CSA cannot legally accept this agreement/contract.

I hope you can get this sorted. Keep us updated.

spiritsfree

Update.

Well I did take legal advice and we decided to put my ex on notice that if the case was continued and I was forced to pay her again...which The CSA were prepared to do........We would be looking to recoup all of the money paid to her by me in 1992 via the courts.

Monday my solicitor phoned me to tell me that he had received a call from the CSA to say that they had a letter from my ex wanting to cease her case....and that they had not been at all happy about pursuing me. Although they could not write off the maintenance, they would not be chasing me again !!

I was about to see my MP this Friday, however I intend to write to him with the scenario, as I can`t possibly be the only one that this has happened to...and I`m sure the law was not written to expect ANY absent parent to pay twice.

At the moment, ....I call this a result for fairness....however I`m sure she`ll try to dream up some other way of causing trouble, as she has done for the last 20 years. Slowly, slowly catch a monkey eh.....but I`m still looking over my shoulder...just in case

Thanks to all that tried to help.....maybe my result can help some other poor soul from getting ripped off...thanks again

sfm82

Just read through your thread, great result for you, well done!

nicky3

she ceased the case, but if she had not.....my mind boggles at just what you would have been put through....what a mess! but very glad she has done the honourable and right thing...

spiritsfree

Only took her 17 years Nicky3......but I`m still holding my breath

spiritsfree

Just an update for those who may think about or need to take legal advice, or need some idea of costs involved.........

The bill for challenging the CSA and "The bitter ex from hell" has just arrived from my solicitor. Just short of £3000-00. " Games" by greedy people are quite expensive if you want to defend yourself !!.....Imagine the costs on top if the CSA continued their "enforcement" and it went to court ???
Also imagine how tough it would be, and the trauma, for those that didn`t have any savings, especially in the economic climate this country finds itself is in ??? At the lower end of the scale it would be impossible for some people to get justice in any form. "That can`t be right or fair ??? ...or is it ??

Cally_Smart

I wonder if you could try & get the 'costs' as compensation from the CSA as they put you in that position and caused you all that grief!! & by not believing in the first place. Good Luck

spiritsfree

Cally_Smart wrote: »

I wonder if you could try & get the 'costs' as compensation from the CSA as they put you in that position and caused you all that grief!! & by not believing in the first place. Good Luck

Thanks for that....I think the way the CSA acts, and the law in this respect, I have as much chance of "Pigs flying".....however I do intend to give the full details, including costs to my MP, as I can`t be the only one in this position. I just shudder to think how less fortunate people would cope. It`s totally wrong and immoral !!

Thanks again

Cally_Smart

Yes ,please see your MP and fill him in on what is happening. They need to be aware how the CSA are going after those who HAVE & ARE willing to pay (but not TWICE!) and to give credence to what the NRP is saying- not just believe everything a pwc is saying (who has £ signs in their eyes.. courtesy of the CSA ?) We are working with ours (MP) and are waiting for a response to our 'complaint'
All the best,it must be such a weight off your mind !

spiritsfree

It is Cally Smart, however with people who are so greedy I will keep looking over my shoulder wondering what she`ll dream up next. In the last 20 years there have been many, including false accusation ???? She really is bitter for some reason, and has caused all sorts of problems for the children.

I hope you have complete success with your case.