CSA Order Of Sale - Help!!!

helen0110

Hi, this is my first posting so please be kind:)

Ok long story..... My partner was married a within that marriage had 2 children. 2 days before the wedding he was told that child no 2 may not be his but being the nice guy he is he decided to carry on with this relationship and bring the child up as his regardless. The marriage lasted around 3-4 years and then they split up agreeing that he would pay the mother (in cash!) each month, csa were aware of this arrangement. This was fine until my partner got with someone else and they were having a child together. My partner contacted CSA to say that he was now a father to another child and they re-assessed his financial situation and was told he didnt have to pay anything in his current state. He decided this was unfair and continued to make a monthly cash payment to his ex (this was picked up from my partner at his workplace either by the ex wife or their son) . This continued this way (and was reviewed on occasion by csa) until 3 years ago when csa contacted to say that he was now owing £4000 in arrears for non payment. Exwife had apparently told them that she had received nothing. It went to court and csa ordered my partner to pay (even though he had paid cash ever since they had split - he was too trusting and had no proof ) but as he had been a single parent to his subsequent child since she was 2 (due to winning custody from her mother (she had various problems one of which was looking after a child)), he was unable to pay. No contact was made from csa again until dec 2011 when he had another letter now demanding £9000 for arrears for both his son and daughter from marriage and threatened a order of sale on his house. At the same time it came out that there was a good chance he was not the "daughters" father so he informed CSA and after a bit of a battle CSA agreed to do a dna and they would review the case when they had the results. In june 2012 he received notification that he was not the "daughters" biological father, he was understandibly gutted, the daughter had just turned 18 so he had a good few years of being her father. CSA wrote to him after, not to confirm the dna but to say that the sons claim was now closed (he is 21) and that they would contact again if further arrears were to be claimed. Now 6 months later he has had a letter saying that they are now going to pursue the order of sale! He has always paid for his children (ok stupidly in cash) but they are threatening to sell his home even though he is single handedly raising his 12 year old with no help from her mother. He works only 20 hours per week due to school hours and has no luxuries, he just manages to survive. The ex-wife had told his son on several occasions that she doesnt want any money but csa say differently (i dont know whether they are doing this off their own backs?), she has also gone from saying that she received nothing from him to saying that he paid for school clothes etc (is this not what this money was supposed to be used for anyway???), but csa dont seem to care that she has lied to them, they just want to ruin him. He is not financially able to seek help from a solicitor and is now at the end of his tether, i am so worried that this will do more damage to him than financial! Any help or advise that anyone could give would be appreciated. thanks for reading the long story

whitewing

I'm confused, he has

a biological son, 21?

a daughter, who is not biologically his?

another child, who is not biologically his? by the same mother? who is 12 and lives with him?

Do the arrears relate to the 21 year old? Or the 18 year old?

helen0110

Hi, sorry it is confusing i know.

From marriage he has son (21) and daughter (18 but confirmed as not his)

From another relationship a daughter (12 whom is single parent to)

The claim was for both children from marriage so part of the claim for the non-biological daughter should have been changed but he had no details on this, just the letter about his sons claim. The recent letter about the claim shows his sons name. To be honest the claim for his son is only for about 3 years so they should have at least set a letter saying how much they consider this to be now but he has had no correspondance til now.

hope this clarifies

whitewing

I've added paragraphs while I reread it.

helen0110 wrote: »

Hi, this is my first posting so please be kind:)

Ok long story..... My partner was married an within that marriage had 2 children.

2 days before the wedding he was told that child no 2 may not be his but being the nice guy he is he decided to carry on with this relationship and bring the child up as his regardless.

The marriage lasted around 3-4 years and then they split up agreeing that he would pay the mother (in cash!) each month, csa were aware of this arrangement.

This was fine until my partner got with someone else and they were having a child together.

My partner contacted CSA to say that he was now a father to another child and they re-assessed his financial situation and was told he didnt have to pay anything in his current state.

He decided this was unfair and continued to make a monthly cash payment to his ex (this was picked up from my partner at his workplace either by the ex wife or their son) .

This continued this way (and was reviewed on occasion by csa) until 3 years ago when csa contacted to say that he was now owing £4000 in arrears for non payment. Exwife had apparently told them that she had received nothing.

It went to court and csa ordered my partner to pay (even though he had paid cash ever since they had split - he was too trusting and had no proof ) but as he had been a single parent to his subsequent child since she was 2 (due to winning custody from her mother (she had various problems one of which was looking after a child)), he was unable to pay.

No contact was made from csa again until dec 2011 when he had another letter now demanding £9000 for arrears for both his son and daughter from marriage and threatened a order of sale on his house.

At the same time it came out that there was a good chance he was not the "daughters" father so he informed CSA and after a bit of a battle CSA agreed to do a dna and they would review the case when they had the results. In june 2012 he received notification that he was not the "daughters" biological father, he was understandibly gutted, the daughter had just turned 18 so he had a good few years of being her father. '

CSA wrote to him after, not to confirm the dna but to say that the sons claim was now closed (he is 21) and that they would contact again if further arrears were to be claimed.

Now 6 months later he has had a letter saying that they are now going to pursue the order of sale! He has always paid for his children (ok stupidly in cash) but they are threatening to sell his home even though he is single handedly raising his 12 year old with no help from her mother. He works only 20 hours per week due to school hours and has no luxuries, he just manages to survive.

The ex-wife had told his son on several occasions that she doesnt want any money but csa say differently (i dont know whether they are doing this off their own backs?), she has also gone from saying that she received nothing from him to saying that he paid for school clothes etc (is this not what this money was supposed to be used for anyway???), but csa dont seem to care that she has lied to them, they just want to ruin him.

He is not financially able to seek help from a solicitor and is now at the end of his tether, i am so worried that this will do more damage to him than financial! Any help or advise that anyone could give would be appreciated. thanks for reading the long story

whitewing

Helen

I am linking in the CAB page about charging orders and order for sale. http://www.adviceguide.org.uk/england/debt_e/debt_action_your_creditor_can_take_e/charging_orders.htm

I don't know the CSA process, and if it can differ from this, but it seems that there must be a charging order before an order for sale? Does your OH have this paperwork?

I think your OH really needs to sort through all his paperwork relating to the CSA, the children within marriage and the DNA test etc, and go to the CAB and get some person to person advice.

Without meaning to be rude, your first post was quite hard to read. I am wondering if sheer panic and complexity is making it difficult for people like the CSA to understand fully the situation and therefore to explain what is going on properly. And if your OH is getting frustrated and ignoring (or genuinely not receiving stuff) that won't be helping. He could also go and see his MP - but again you will need to take all the paperwork. May be worth taking the children's birth certificates etc.

He could also contact Shelter as it threatens the house that is home to the youngest.

I think tomorrow more users will be on here with their opinions. You could try posting also on the Marriages etc board as more people tend to be around there. I am sure there will be people who have had or seen similar who can help you.

helen0110

Thanks whitewing. I understand your comments about this being hard to read but that is just me trying to give as much information as I can in my first post.

The CSA have been aware of each detail as its happens and too be honest it has been a clear case of believe whatever the mother has said, regardless of evidence. Even though they had the details, when we had a meeting with them they said they were not aware of the 12 year old child that my partner had and fully cared for. The information was just not being passed from person to person at the CSA and i think this could be another example of this.

We have been to the CAB but they said that they had changed their processes and were not really able to give any help and just advised to contact direct to CSA (which we obviously have several times). So were are still at the mercy of the CSA.



Thanks anyway for your comments.

whitewing

It may be worth pulling a document together that gives the detail, so that anyone you deal with has all the info at that point.

I think you should go and see the MP. He could also try Gingerbread (lone parents advice and support).

Bumping this for other users.

WYSPECIAL

helen0110 wrote: »

Hi, sorry it is confusing i know.

From marriage he has son (21) and daughter (18 but confirmed as not his)

From another relationship a daughter (12 whom is single parent to)

The claim was for both children from marriage so part of the claim for the non-biological daughter should have been changed but he had no details on this, just the letter about his sons claim. The recent letter about the claim shows his sons name. To be honest the claim for his son is only for about 3 years so they should have at least set a letter saying how much they consider this to be now but he has had no correspondance til now.

hope this clarifies

I would be suprised if any court would order a sale of his house which would make a 12 year old homeless.

anonx_2

this is so unfair and doesnt at all benefit children, indeed it is a great injustice to children and to him not to have a home to live in and make them homeless, i would seriously contact the local m.p. and get this issue brought up in parliament, they can do this,

clearingout

it is also a serious issue that children go unsupported financially by one of their parents, particularly to the point that such draconian intervention is required. Indeed, I would hazard a guess that there are plenty of children who have been forced from their home as a result of their PWC's inability to make ends meet when the NRP's maintenance would have made all the difference. Apparently, though, that's OK 'cos the PWC 'gets all the benefits'.

OP - have you tried NACSA? I have not had dealings with them personally but they do have a good reputation and are far cheaper than employing a solicitor (assuming you can get one to take on your case). It sounds like you have a more complicated than average case which needs someone dealing with it who knows what they're doing. I echo what WYSpecial has said - I doubt you will get an Order of Sale ordered when you have a child in the house. Indeed, the CSA are going through this process with my ex at the moment and the caseworker specifically told me that they had checked whether or not Child Benefit was being claimed from the address.

anonx_2

clearingout are you serious ? im puzzled by your reply, how many PWC do you know that have been forced out of a home (unless they havent paid the rent, of which they will of had the money for),

are you serious when you think a kid should have a bit money instead of another kid having a home ?