Default assessment and Liability Orders

claire111

Hi

Any advice gratefully received !

My ex (NRP) has had a default maintenance assessment made against him because he can't be bothered to reply to CSA.

I understand they have calculated the default assessment based on average earnings in the area in which he lives. I also understand that the assessment 'stands' until he provides the information they have asked for - evidence of self employed earnings.

They are now hoping to have a liability order awarded so that they can instruct bailiffs.

My question is - can my ex have this sum challenged in court if he later decides to provide the information they have asked for ? I have heard of many liability orders being challenged in court as the figures are 'not correct'.

Many thanks to anyone who knows.

regards

Claire

Crellow4

If he offers to co-operate, and supplies evidence of his earnings, the DMD can be converted and the debt adjusted. He may challenge the LO application but the likelihood is that the LO would be granted and the figure adjusted atva later date if necessary.

PreludeForTimeFeelers

It depends - it sounds as though they've used ASHE to estimate his earnings, rather than simply imposed a DMD. It used to be that DMDs could be revised in line with actual earnings, and ASHE estimations couldn't, I don't know if that is still the case.