child leaving college and csa

nicky3

I have said this before, the legislation they continually refer to does not exist, and if it does, find me someone who has seen it!!

his_wife

Thank you nicky,if we call csa back tomorrow citing this, what would or could or should happen next

Cally_Smart

We asked the CSA about this last month, they said their only concern is that the pwc is claiming ch/ben -a quick check on computer proved she was despite neither of the qc's attending college since last year !We said we are telling you & asking for a C of cir.They said their only legal requirement is that the pwc claims c/ben ,its is not up to them to find out !We had letter back 3 days later saying no CofC allowed ! They said you wont get any backdated either it only registers on CSA when she comes off !! Not sure that you can prove daughter lives with b/friend they will maybe ask the pwc & we can guess what she will say cant we ? Totally unfair when we are all consistent payers but as children are over 19 & we(yes ,my husband & I are a team) have been paying all this time we consider its time they try to get jobs like my own daughter( that lives with us )had to do when she finished college !

his_wife

have called csa, and said similar to what cally says,,,as long as child benefit etc,,,however, a change in developments, as i now have in my possession a letter from the college stating when she was withdrawn from course, csa dont want to know, and cb cant tell us anything as it has nothing to do with us, have, however, forwarded it onto mp,,,, any more suggestions on what to do please??

Marisco

his_wife wrote: »

have called csa, and said similar to what cally says,,,as long as child benefit etc,,,however, a change in developments, as i now have in my possession a letter from the college stating when she was withdrawn from course, csa dont want to know, and cb cant tell us anything as it has nothing to do with us, have, however, forwarded it onto mp,,,, any more suggestions on what to do please??

What would happen if you just stopped paying? It seems ridiculous that the kid is not in college and is not even living at home, and yet you still have to pay! If you stopped paying would they have to carry out some sort of investigation into it?

his_wife

have asked that question, they will go direct to pay roll and take it from his wages, as they have all his details on the system marisco,, have even, said , we wont spend the money will keep it in a diff account, in case, at a later date, they still say we owe it,,, which knowing the csa, is more than likely!!!

kevin137

At this stage with the letter in hand, notify the CSA in writing, with a copy of the letter that CSA is no longer payable, and the child is no longer in a qualifying situation, and that you deem the case closed, and that you expect a full refund of all payments from the date in question within the same 14 days or will proceed with legal action.

Make it clear, that while you appreciate that the CSA has legislation for complaints, that you deem that the child and any payment made after the child failed to qualify does not fall under that same legislation and thus can be recovered by alternative means.

14 days for full closure of the case and refund of the payments or you WILL file in the small claim court...!!!

This will make it clear, and also give the court the understanding that this falls outside of normal case files as not being the system they insist you use...

Hence they cannot say the court has no jurisdiction, as for them to have jurisdiction the case must have an eligible child...!!! And this child as proof provided by the college does not qualify...

You may want to apply direct to the county court instead of using money claim online, so as to get an inunction against forced payment until this issue is resolved in the court, but make it clear that you are prepared to put the money aside so should the court deem the money is still owed it can be paid in full immediately, this should ensure ensure that they cannot say this is avoidance...

his_wife

Thank you so much, kevin, for your time and input, husband is putting pen to paper as we speak.

Thank you to everyone else, cally smart, etc for sharing stories, it is somewhat, a relief to know we are not fighting this stupid system alone. Before, anyone jumps on the band wagon, i am not a bitter new partner, i am also a pwc, and suffer consequences the other extreme too!!

kevin137

You have to have a little time, and be prepared to stand up for yourself in front of the judge, but it will be very informal as far as a court goes...

Just stand your ground, make your point, and insist that as the child does not qualify, that they have no jurisdiction, and as they have no jurisdiction they cannot ask the court to dismiss using the legislation in place that means you MUST follow there procedure.

As afr as ongoing payments go, if there is no qualifying case, then there can be no payment due, but to clarify that there be no mix up, that you would seek an injunction from the court to clearly state that the CSA must make NO removal of funds by any means by use of a DEO or direct from any associated bank accounts. It may also be wroth noting that you would prefer NO communication from them until the case is heard as well, so there can be no charge of them trying to harass pester or force you into any other action while the court case is ongoing.

I got this WITH a qualifying child when i went to court against them, so i don't see how you could fail.

I did mine ex-parte, but that is not needed here, file it, ask for a hearing date, they will not attend, it will adjourned, ask for the injunction on a temporary basis in the mean time, and hope you get it, if you do, then it will be very hard for them to get it removed as they will not have good reason as the case will technically of been accepted for hearing...

his_wife

how did you manage this, with a qualifying child, out of interest. My husband, has today emailed everything to mp, and too csa, so shall set ball rolling tomorrow kevin.

Once again, thank you so much for your insight on all of this.