CSA ARGHHHHHHH help please :-)

travelchick

Hello all,

I'm not sure what I'm supposed to do next so any advice would be fantastic :-)

My ex used to pay around £600 a month in csa for our 3 kids however 2 years ago he got remarried, his wife has 3 children who live with their biological father.
However 9 months ago my ex told the csa that the kids live with him and had done for 2 years! This is a lie, I spoke to the csa and gave them the children's address and schools attended (both 2 hours drive from my ex home) based on this information the csa have reduced my payments to £183 a month and told me I have to pay him back £3600 in over payments as they where unaware he was raising her 3 kids at their home?
I explained to the csa this is a lie and that Their mother drives to the kids home town an stays there at her mother to work 3 days a week and to see her children, her ex husband lets her have the child benefit rather than him paying child care on those days!
The csa have said because she gets child benefit they won't investigate this matter any further, they agreed that they don't believe they are making the kids do a 2 hour commute to an from school but that their obligation to investigate stops at the child benefit!!

I have written to the csa and included my recent residence order an Caffcas report which shows the kids don't live with him but so far it's fallen on deaf ears :-(

I wondered if anyone else has any ideas on what I can try next? The csa have said if he tells them something it's my job to provide physical proof it's wrong but he doesn't need to show proof of what he states it seems so unfair.

I would like to come away from the csa an get a private court order however everyone says the courts won't help? I have proof the kids don't live with them from the last hearing, I'm not trying to fleece him but I'm struggling financially with 3 kids an paying back £3600 that I don't have!
Any help gratefully received
Thank you
Xx

19lottie82

OK, first off im no expert, but.......

at CSA rates, £600 a month (your old payment), is 20% of the take home of a £50k salary, is that right?

At this rate the CSA calculator
https://www.gov.uk/calculate-your-child-maintenance
shows that if your Ex has his OH's 3 kids living with them, your payments should only be reduced to £559 a month.

The only thing I can think of here is that your Ex was paying more than the recommended CSA amount, but has now cut that back to the legal minimum?

Also, I'm afraid if your ex's OH is receiving child benefit then the CSA will take that as evidence that she has the children.
If you want to change your payments on the basis that she doesn't, you will need to report her for benefit fraud, and even this can be a long drawn out process (months).

FBaby

As lottie has stated, something doesn't ring right with the amount, but if the issue is indeed relating to the three chikldren that she claims live with her, it is indeed CB you need to tackle.

Either she lives with your ex and the children don't and therefore is claiming CB fraudulently, or she is claiming that they live with her at her mother's address, but in this case, she doesn't live with your ex and he can't declare her as living with him therefore claim the three children.

Just a warning, from a previous post, trying to get CB to investigate fraud is a long tedious route. Still, the only one offered to you.

Caz3121

Three children living with your ex would not reduce the payment from £600 to £183 per month. Has he had a change in income and this is also a reassessment
The £600 with no children living with him would indicate a £50k salary
£183 with 3 children living with him would indicate a £17.5k salary

travelchick

Hiya
I will look at that calculator when I get home.

I think he was paying 25% based on my 3 kids it was about £573
They then left me without a payment for 6 months then revised it an reduced my payments to £183 to pay back the apparent £3600.
Hence why I want to cut out the csa.
I have reported this to dwp ref the child benefit 3 times now each time it's ignored (spiteful ex)
It seems unfair when he refused to pay it took 7 months for them to garnish his wages an when they did he only had to pay an extra £200 off the debt but when it's me working part time raising 3 kids they feel its ok to lumber me with a debt based on lies and take almost £400 a month off me an the kids to pay him back?

I just think the who thing sucks! There's lots of people making sure dads don't get ripped off but mums an kids don't have anyone fighting their corner :-(

Xx

travelchick

He is in the army his income was just around £39k so hasn't changed jobs.
Csa confirm the cb is paid to her at the matrimonial home.
The court documents and sworn statements by him via cafcas state that the kids live at there dads but that mum an dad have joint custardy.
Xx

Caz3121

on £39k £600 per month for 3 children sounds correct
if they account for the 3 other children this would reduce the figure to £458 so no idea where £183 comes from unless they have reduced it to account for the previous £140 a month alleged overpayment (not sure if they do that)

travelchick

I just cant find any more information on what they are allowed to deduct it seems really unfair they expect me to raise 3 kids on that amount.

Does anyone else know of an alternative to CSA?

Crellow4

It sounds very much like your ongoing payments have been reduced to 'repay' the overpayment of maintenance. If custody of the new partners children is shared equally and mum receives the child benefit, the the decision to accept them as relevant children is correct. If care is not equally shared but mum receives the CHB I would think you have grounds to appeal.

travelchick

The wifes children live with their biological father, mum sees them often however they sleep at their fathers house around 9 out of 14 days.
I did see on the csa calculator that they make an allowance based on how many days the children are at the matrimonial home.
however the CSA has based the adjustment on the children living full time at the matrimonial home, claiming that they do a 2 hour commute to school before 9am then again at 3pm to explain why the children go to school nowhere near where they live.
He did in court admit that they collect the children on a friday and their dad picks them up on a sunday then their mum commutes down in the week to live at her mothers so she can collect the kids from school, they get returned home to their father at tea time.

I wouldnt mind but ive been very honest with the CSA about when he sees the kids, back in 2009 they made an overpayment because they assumed he didnt see the children (even though I wrote to them and gave them a full list of dates) when they said they had no record of this letter I was honest enough to confirm he saw them extra dates ect an paid back the over payments from then in good grace!
My reward was his word is gospel and im labeled as a liar because him and his wife are committing fraud :-(
Im hoping that as the court documents clearly state her children dont live in the home that tha child benefit is being paid to they will review my case again!

xx

his_wife

sorry to hear this travelchick, the dreaded cb strikes again! i am having a similar problem with the child benefit link to csa!! unfortunately, reporting the child benefit, seems to be an invisible route, as they dont acknowledge anything you, write/say/email, as , you are not the pwc, so anything you say seems to be disregarded.

Have you tried your mp, i went down that route, but unfortunately didnt get anywhere, you may. I wish you all the look in the world with this, and would be interested to hear how it works out.

good luck