if the csa close all cases, will all data and evidence be lost..??..

cookieshop

I have heard that the csa will be closing all cases within the the next 2 years, I just wondered what happens to all that evidence they have collected against the nrp...

I have a very good case at the moment for going to tribunal for nrp diverting his whole company, salaries, dividends, shares, ect, ect and I wondered, if I have to open a new case, now he doesn't have his name on the books anywhere, (in fact he is now claiming he has no job and is being supported), would it mean they have nothing to even start the case, or will there be something left from the old case, as I cant see he would want to sort out a private agreement, but I don't want to lose all the evidence I have on him....??..

can anyone tell me what happens..??..

thankyou..x

Gair_Rhydd

Case closure isn't really the issue here because any arrears will move from the CSA scheme to the new one, should you have to move. There won't be much difference in the calculation of the NRP's liability either -which from what you say would be pretty low in either scheme.

I wouldn't invest too much hope in appeals or tribunals though -unless you have very strong evidence against the NRP or one of the handful of good lawyers who properly understands CM. Probably both, in fact.

In any event, 'closed' cases -meaning those with no ongoing liability- will be a low priority for action, even if there's £000's still owing in arrears. But if your kids are still quite young it's worth making a fight of it now because the case will be active for plenty of years to come.

cookieshop

thankyou, we only have one son, he is only 21 months...

I have a very strong case, with lots of supporting evidence against him and a handful of people who are helping me, via gingerbread and also from the appeals unit, who can all see thru him and what he's done....so I am hoping to win something for my son, I do hav high hopes and hope it doesn't come crashing down....

he has tried to employ someone to talk to me thru an independent thing to try to get me to close the case and go privately, but I think it was just a trick to get me to agree and then once I close the case, then he wouldn't pay up for his child, so when I would then contact the csa, they basically would have to treat it like he's unemployed....so there would be nothing to start a case...

at least the one that is open, is hopefully a good one,...but then I heard they were closing all cases, I didn't know what would happen, I didn't know they were closing one and moving them...xxx

thankyou..xx

shegirl

They'll still keep the info i'd imagine.When I talked to them with regard to what would happen if I moved my case over to CS2 this week (!!!!!! ex gone self employed,huge reduction although assesment not finished yet as there is a departure on it-add in laughter as ex and his girlfriend are livid today as they stupidly thought the payments had stopped PMSFL:o- so appeals,plus an additional two departures to apply for along with court order if not satisfied[disabled child,expensive care]) and they stated IF I closed the case the details would remain and be tied to the new case once opened.Handy when I have no contact details for ex!

So,I'd imagine it would be the same with all and it would be on the system somewhere.

Gair_Rhydd

These 'kept man' cases are notoriously difficult. The CSA system was designed to extract relatively small sums from NRPs in fixed employment or on benefits. It is much less good at taking on the self employed and wealthy who divert income or hide assets.

The courts are not much better either. See the case of Birgit Cunningham for an example of how an apparently rich NRP completely avoided any financial liability for his child.

In most American states this doesn't happen. The court can ignore the NRP's declared income and simply make an order for what they ought to be paying . They can go find the money or go to jail.

Best of luck to you though -it seems you're being well supported. The regulations for the 2012 (Child Maintenance Service) scheme haven't been finalised yet as far as I know. But it is reasonable to expect that a variation in your favour would transfer over from the current scheme as and when your current case is closed.

cookieshop

shegirl wrote: »

They'll still keep the info i'd imagine.When I talked to them with regard to what would happen if I moved my case over to CS2 this week (!!!!!! ex gone self employed,huge reduction although assesment not finished yet as there is a departure on it-add in laughter as ex and his girlfriend are livid today as they stupidly thought the payments had stopped PMSFL:o- so appeals,plus an additional two departures to apply for along with court order if not satisfied[disabled child,expensive care]) and they stated IF I closed the case the details would remain and be tied to the new case once opened.Handy when I have no contact details for ex!

So,I'd imagine it would be the same with all and it would be on the system somewhere.

I have been told by the CSA, appeals unit and tribunal, that cos of the time frame of him receiving the variation, it wont matter what he says he is earning now, they will put in place what they think he shud be paying, they have even looked into his 'wifes' monies, cos he said she had been supporting him for the last 12 years and he sent them evidence he was only earning 7k a year, but infact it is well over 73k, I don't really understand the whole thing, I am trying not to get stressed about it, just letting him do all the searching and evidence finding, but its just so heart breaking, i'm glad my son isn't old enough to understand the situation, cos it would be upsetting for him....

hope your case goes along smoothly...xx

cookieshop

Gair_Rhydd wrote: »

These 'kept man' cases are notoriously difficult. The CSA system was designed to extract relatively small sums from NRPs in fixed employment or on benefits. It is much less good at taking on the self employed and wealthy who divert income or hide assets.

The courts are not much better either. See the case of Birgit Cunningham for an example of how an apparently rich NRP completely avoided any financial liability for his child.

In most American states this doesn't happen. The court can ignore the NRP's declared income and simply make an order for what they ought to be paying . They can go find the money or go to jail.

Best of luck to you though -it seems you're being well supported. The regulations for the 2012 (Child Maintenance Service) scheme haven't been finalised yet as far as I know. But it is reasonable to expect that a variation in your favour would transfer over from the current scheme as and when your current case is closed.

I am hoping that the tribunal will see thru him and his lies, from what I have been told and found out, it does sound like everyone is on my side, but now he has employed an child support expert company, he is going to be getting some good advice now, but before he employed them, someone was giving him the wrong advice, so it went in my favour, now he's going to know what to do....which is a bummer for me...I preferred him getting the !!!!! advice...lol....

the company have written to me to go privately and close the case, but i'm not stupid, well I am abit for thinking things would still be good between us, but I didn't realise he was such a twot until this all came out....

dunno how blokes can go this long without even being interested in their own flesh and blood, I wouldn't, i'd want to know what he looked like, if he looked like me or my other children, i'd just want to know....he hasn't even bothered..!!...:-(.. very sad...xx