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CSA want to open a new case eventhough my ex closed it , can this happen ?

DAREDEVIL78
Posts: 149 Forumite
Hi . to cut a long history of info short this is my problem.
In 2001 i splitup from my ex, we had one child, when i left the family home (it was her home already by the way/i moved in with her) i instantly/voluntarily paid a fair weekly figure for maintenance at £50 per week.
Because my ex wasn't happy with this amount ( not sure why because i felt it was alot of money in 2001/we didnt have any joint loans/debt /commitments)) she went to the csa just because she could and not because she needed to.
I was then made to pay through the csa (on the original CSA1 system) a figure roughly £70 per week which for all the trouble of going to csa it didnt seem overly worth all the aggro.
Over the years i paid maintenance via csa, the figure i paid changed throughout the years dependant on circumstances (ie wage rises or reductions/job loss/redundancy etc) and i was under csa's maintenance instruction up until JAN 2012 when for some unknown reason to me my ex authorised csa to close the case.
I got a letter from csa confirming this fact stating they had been asked by the other parent to close the case and from this point i voluntarily paid an affordable to me figure fortnightly for maintenance in cash direct to my daughter and upto press still do.
The problem now is that i received a letter from the csa stating that they have been asked by my ex (once again) to seek maintenance from me. The problem is the form is exactly like the style of form i filled in initally in 2001 and i have this feeling they are treating me as if i have never been under their ''radar'' so to speak.
My questions to members are :
1. Can this opening of a new case be allowed ?
2. Regardless of how i have paid (voluntarily or through csa)why do i feel hounded when i have always been prepared to pay, i thought if you voluntarily paid then csa stayed out of the situation (especially nowadays) ?
3. Surely they must know that i have past involvement with the csa , don't they ? , so why does i feel they aren't aware i have ?
I would greatly appreciate any answers to my queries or anything relevant / informative , thanks.
In 2001 i splitup from my ex, we had one child, when i left the family home (it was her home already by the way/i moved in with her) i instantly/voluntarily paid a fair weekly figure for maintenance at £50 per week.
Because my ex wasn't happy with this amount ( not sure why because i felt it was alot of money in 2001/we didnt have any joint loans/debt /commitments)) she went to the csa just because she could and not because she needed to.
I was then made to pay through the csa (on the original CSA1 system) a figure roughly £70 per week which for all the trouble of going to csa it didnt seem overly worth all the aggro.
Over the years i paid maintenance via csa, the figure i paid changed throughout the years dependant on circumstances (ie wage rises or reductions/job loss/redundancy etc) and i was under csa's maintenance instruction up until JAN 2012 when for some unknown reason to me my ex authorised csa to close the case.
I got a letter from csa confirming this fact stating they had been asked by the other parent to close the case and from this point i voluntarily paid an affordable to me figure fortnightly for maintenance in cash direct to my daughter and upto press still do.
The problem now is that i received a letter from the csa stating that they have been asked by my ex (once again) to seek maintenance from me. The problem is the form is exactly like the style of form i filled in initally in 2001 and i have this feeling they are treating me as if i have never been under their ''radar'' so to speak.
My questions to members are :
1. Can this opening of a new case be allowed ?
2. Regardless of how i have paid (voluntarily or through csa)why do i feel hounded when i have always been prepared to pay, i thought if you voluntarily paid then csa stayed out of the situation (especially nowadays) ?
3. Surely they must know that i have past involvement with the csa , don't they ? , so why does i feel they aren't aware i have ?
I would greatly appreciate any answers to my queries or anything relevant / informative , thanks.
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Comments
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Answers
1) Yes they can
2) As long as you contribute, whether it be via the CSA or direct, does it matter?
3) A new case is a new case (you could even opt for another DNA test if one was taken the 1st time)
Not sure what your question is, PWCs can close a case and have it re-opened, natuarally your £50pw was not and below the correct amount at the time. Whilst something is better than nothing, the minimum amount due is the least headache and worry.0 -
Thanks , with respect my point is this , i would assume the csa was setup for irresponsible nrp's who choose to say ' i wont pay anything ' , not for responsible nrp's who actually contribute to the maintenance voluntarily then end up csa investigating as and when the parent with care decides they need more money.
My volunteered contribution has been good enough for nearly a year now so why change back to csa ?
I think csa has a role to play to aid parents with care to gain maintenance from a nrp who will not pay but what about people like me who knows i would pay regardless but feels disgruntled that i am been put through csa for no reason , if a nrp is paying direct/voluntarily then csa should keep out !!
As for 'what does it matter if i pay voluntarily or through csa' , my point is this , why should i pay through an agency who was primarily setup to make non paying nrp's pay , its a moral issue , the stigma of been treat like i dont want to pay when the parent with care knows damn well i will.
This csa system is easily abused , if it isnt why do people think maintenance etc should be dealt with via mediation/courts like it once was ?0 -
Either parent can ask the CSA, at any time, for any reason, to get involved. So long as the eligibility and jurisdiction criteria are met, currently the CSA don't get involved with why someone has applied to them, they simply process the application. You can voice your opinion to them on the subject, but ultimately it won't change anything, if the application meets the criteria laid down in law, it will go ahead.I often use a tablet to post, so sometimes my posts will have random letters inserted, or entirely the wrong word if autocorrect is trying to wind me up. Hopefully you'll still know what I mean.0
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DAREDEVIL78 wrote: »Thanks , with respect my point is this , i would assume the csa was setup for irresponsible nrp's who choose to say ' i wont pay anything ' , not for responsible nrp's who actually contribute to the maintenance voluntarily then end up csa investigating as and when the parent with care decides they need more money.
My volunteered contribution has been good enough for nearly a year now so why change back to csa ?
I think csa has a role to play to aid parents with care to gain maintenance from a nrp who will not pay but what about people like me who knows i would pay regardless but feels disgruntled that i am been put through csa for no reason , if a nrp is paying direct/voluntarily then csa should keep out !!
As for 'what does it matter if i pay voluntarily or through csa' , my point is this , why should i pay through an agency who was primarily setup to make non paying nrp's pay , its a moral issue , the stigma of been treat like i dont want to pay when the parent with care knows damn well i will.
This csa system is easily abused , if it isnt why do people think maintenance etc should be dealt with via mediation/courts like it once was ?
The media may have you beleive that the CSA was set up for errant absent parents, but used properly it suits both parties, I personaly prefer to contribute via the csa, the % is reasonable and nobody can come asking for more than that (well they can but I can comfortably remind them that I already offer my fair share).0 -
Why do you give CM direct to your daughter? It should be paid to e PWC to help cover some of the costs involved with raising a child. Is your ex in agreement with this? If not, maybe thats why she is opening a new case...0
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actually some of the points make sense thanks , i am open to accept any advice/info good or bad.
out of interest , which csa system would i be deemed under if a new case was opened now , i was always under the csa1 system , was told eventually i would be transferred to csa2 but never was , my case was closed over a year ago so which system would i be under a new case ?
lastly would i be required to do a dna test ? or could i if i wanted ?might sound silly but i was young when i was initially under the csa in 2001 and because i didnt really understand it all i didnt realise that i could have contested parentage via a dna test as i was unsure then and still question parentage , i never have been 100% ??0 -
DAREDEVIL78 wrote: »out of interest , which csa system would i be deemed under if a new case was opened now , i was always under the csa1 system , was told eventually i would be transferred to csa2 but never was , my case was closed over a year ago so which system would i be under a new case ?
lastly would i be required to do a dna test ? or could i if i wanted ?might sound silly but i was young when i was initially under the csa in 2001 and because i didnt really understand it all i didnt realise that i could have contested parentage via a dna test as i was unsure then and still question parentage , i never have been 100% ??
If the case was closed fully then this new case will be on CS2. If you've received the maintenance enquiry form, re:a new case, then you can deny paternity if you aren't sure. Be aware that if you are on the birth certificate then the CSA can presume paternity, and you would have to give them reason for your denying paternity. They can offer you a DNA test, but if this test shows you are the father then you will have to pay the cost of the test (I think it's about £190 or so if you pay in advance, or £250 if you pay after the test has been carried out).0 -
Just one question? if he does take a D.N.A. test will the C.S.A. return all of his payments that they had taken off him, from when he was on CSA1?
If they don't return the money will they not be liable to assisting in taking money by deception!0 -
Just one question? if he does take a D.N.A. test will the C.S.A. return all of his payments that they had taken off him, from when he was on CSA1?
If they don't return the money will they not be liable to assisting in taking money by deception!
No, don't be daft.
If he's not raised any paternity doubts previously then they would have no reason to do this.0 -
In one of his posts he did state that there was a question of parentage, and that he was young at the time and didn't know it was available, i would like to think that if anyone had been paying the CSA and was found not to be the parent at a later date would be refunded in full,0
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