CSA Quagmire - help please

Kimitatsu

Maybe someone can help me sort out the complete mess the CSA has made of my claims? Kellogs I may need your infinite wisdom here!

My ex left when my boys were 5 weeks and 2 years respectively, he had a good job earning around £60,000 a year. When he left he closed the bank accounts took the car the lot. We were renting a house at the time as he had been moved around a lot so there was no assets involved.

He then got made redundant and "couldnt" find another job on anything like the same money. So, I applied to the CSA for maintenence and because of the childcare situation ended up on benefits in 2001. Fast forward to 2004, I had by now got a grip on my life, and was working but not recieving maintenance from the CSA. I rang them to be told that they had closed my claim because they had not heard from me, and I would have to make a new claim.

This seriously put me at a disadvantage because under the old system, the household income was taken into account (he lives with his girlfriend who is a full time primary school teacher) and he runs his own business. Because the claim was made under the new system, only his income is taken into account.

He has transferrred all but 1 share of his business into his g/f name, both houses are her name, and he claims that he earns less then £5000 per year so he pays £5 for both children, yet last year (to March 06) one of his companies turned over £25,000, the other still has to file accounts.

I have tried to get a variation order but days before the face to face interview he miraculously managed to produce his accounts, so he didnt have to have one. It took 7 months of chasing him for them to get that. In 2005 and 2006, just one of his companies grossed over £40,000, and his g/f earns in excess of £30,000 per year so I really do think he can afford more than £250 a year for the upkeep of his kids!

Any suggestions REALLY welcomed as I seem to be hitting a brick wall!

Thanks
x

kelloggs36

Well, if it is any consolation under the old rules he would have done the same thing and you would have got nothing as it is a myth that the household income was counted - the assessment has only ever counted the NRP's income - the household income was only counted to ensure that they didn't fall below a certain amount AFTER his Child Support was paid.

Is he a Director of the company? Is it a Ltd co? If so, then you can get the accounts from Companies House - if he is named then you can apply for a Variation under Diversion of Income - when was the company transferred into his gf's name? Have you got evidence of this? If so, then you can apply for that Variation? Certainly you could try and argue that as a Primary School teacher she won't have that much time runniing a business! Can you get the Companies House accounts for years previously which shows the transfer of assets?

Kimitatsu

That is exactly what I did, I even showed them the date that he transferred his comapny (the week before he had to produce documents to the CSA!), I produced accounts for his company and pointed out that his g/f was working full time.

Their comment is that unless I can prove he is paying her money from the business that a variation has no grounds. To be fair the variations officers were great, and they hinted that their hands were tied, so for once I cant complain about them! His turnover was £25,000 and "admin costs" £24,500, so his gross profit was something ridiculous!

They have recently bought a new house, so according to the land registry have £210,000 of mortgages on two houses, which she would not have been leant on her salary alone.

I just wondered if there was anyway of looping the loop hole if you see what I mean??

Thanks

daisy_doughnut_2

dont know if this help kellogs may know more but the CSA told my mate that if they have reason to believe that he gave away his buisness to avoid CSA then there is something they can do not sure what
ive just had my friend contact the mp on the advise of kellogs
i personally think she is great:-D

good luck

kelloggs36

You must appeal against the refusal to allow the variation.

kelloggs36

That way, you get a fuller hearing from the Tribunal - although on different grounds, I won an appeal against the refusal to allow Lifestyle inconsistent with Declared Income. You stand more chance on appeal.

kelloggs36

Thanks Daisy doughnut! You are right in what you said - they CAN do something but whether they will is another matter. That is why I advise to appeal - the Tribunals listen more fully and use a bit of common sense - the fact that there is evidence which showed the transfer of assets immediately before he sent in the evidence to CSA is very strong and they look at the balance of probabilities. The argument about the salary and houses is a valid one and one which the Tribunal should listen to and consider. I did this at my appeal. My ex declared to the CSA that he earned only 9.5k GROSS per year and he even told the Inland Revenue that as well and they swallowed it. However, as I had evidence of the selling price of his old house (Land Reg docs) and the buying price of the new house (Land Reg docs) AND the outstanding mortgage he had prior to selling (his MEF which formed part of the appeal papers), I could prove what profit he had made and how much of a deposit he was likely to have had bearing in mind the costs of buying and selling. It worked out that he needed a mortgage of at least 100k. Now as he had put in writing that his wife wasn't working, AND he had a history of repossession of our matrimonial home (another long story), there was no way that he could get a mortgage of 100k on 9.5k per year. His mortgage co even confirmed to me that he had told them that he earned FOUR TIMES that to them!!!!!!! I told the Tribunal this and they told him to provide evidence of his mortgage application that he provided to the mortgage company and he REFUSED. They felt that the refusal meant he had something to hide and upped his income to 30k and my assessment was backdated based on that figure. It went from NIL to 76.73 PER WEEK. Not that he has paid yet (should be in the next 5 weeks apparently) and this was back in 2002. So, this is just the next step in a long journey. Don't give up and just go for appeal, you have nothing to lose.

frannyann

Exactly, don't give up. I am struggling too after ex claims to be living off savings whilst starting property business. So I get nothing while he and new wife live in large house, two large cars and regular holidays. You would think this parents would feel morally obliged to support their children but obviously not. Therefore what ever the outcome you are the better person.

Kimitatsu

Thank you all of you!!! :T :T

Having been through one variation as endless as it was, I think I am more ready for the appeal if that makes sense! Its also nice to know that there are others out there in the same situation. I have downloaded all of the land registry docs and the company accounts (which last year where unaudited, so he could have said anything) and am putting it all together again!

I think I had got to the situation where I had just accepted that he was not going to pay but this is my kids money, and I dont see why he shouldnt pay for them!:mad:

Frannyann, I do agree! We pay a huge amount for my partners kids (still awaiting a re-assesment after 7 months, you would be amazed at how often this can go back and forth!) and he does not see them very often. But as we both agreed, they are his children and he has a legal and moral obligation to ensure that they have a roof over their heads.

Thanks once again to all of you, I will keep you updated :cool:

kelloggs36

Good luck.

daisy_doughnut_2

kim
u said you down loaded the company accounts can you get these on line???
and how
thanks