CSA have no powers to collect money from Ex

ShowMeTheM0ney

Hi, I'm at my wits end and would like some suggestions on what to do next with trying to get money out of the father of my son, who is almost 13yrs. I have had a case with CSA for about 6yrs due to Ex never giving me money and all we would do was argue about money and him threaten me to cancel CSA or else. Ex has all post go back to his parents house even though he not lived there since 2002, never answer any of the letters from CSA, ignores phone calls or hangs up on them. He is self employed and lives with his girlfriend in her council flat for past 3yrs and is not registered living there or any where else. I have informed CSA of where he lives, works, what van he drives, his bank account details and mobile number however, since no response from Ex or has the CSA really done much with this info. Keeping getting they are trying to get a liability order but surprise surprise can't get hold of him. I don't think the CSA have done enough or really have the powers to do anything about my EX. He needs to go to court and I'm thinking of doing it privately, I work and hoping it's not too expensive so I can afford it. I currently have a restraining order against my Ex valid until March 2016 as he is violent towards me. Has very little involvement with our son, spends all this money on drugs and alcohol!!
Please help!!!!

DUTR

He was doing drugs and alcohol, when he was with you and before you both had the child.
Technically how are you going to serve a summons by post if you do not have a registered address for him?
As he is self employed then even if/when assessed do not expect much.
So you have to ask yourself, are you fighting for principle?
Some get there in the end, but your child maybe nearing the end of his education before you are succesful in your claim being honoured.

Comfortably_Numb_2

DUTR wrote: »

He was doing drugs and alcohol, when he was with you and before you both had the child.
Technically how are you going to serve a summons by post if you do not have a registered address for him?
As he is self employed then even if/when assessed do not expect much.
So you have to ask yourself, are you fighting for principle?
Some get there in the end, but your child maybe nearing the end of his education before you are succesful in your claim being honoured.

Most fights are for principles ...that doesn't mean any of us should just roll over and accept the injustice.

the right to child support and the responsibilities of parents to provide such support have been internationally recognised. According to the 1992 United Nations Convention on the Rights of the Child states that the upbringing and development of children and a standard of living adequate for the children's development is a common responsibility of BOTH parents and a fundamental human right for children.

I agree that it will not be an easy process but why should this parent accept the rules which allow this blatant evasion to take place at the expense of her children. Even if her son is likely to benefit little from the exercise, if it results in a review of current policies then ultimately thousands of children stand to benefit. I would challenge it and keep banging on doors till they rake some action. If someone was evading paying their tax I would expect the law to be constructed in such a way that they would be pursued and made to pay. Why the should I expect any less when there's an innocent child involved? No one should be encouraged to think that they are beyond the law.

DUTR

Comfortably_Numb wrote: »

Most fights are for principles ...that doesn't mean any of us should just roll over and accept the injustice.

the right to child support and the responsibilities of parents to provide such support have been internationally recognised. According to the 1992 United Nations Convention on the Rights of the Child states that the upbringing and development of children and a standard of living adequate for the children's development is a common responsibility of BOTH parents and a fundamental human right for children.

I agree that it will not be an easy process but why should this parent accept the rules which allow this blatant evasion to take place at the expense of her children. Even if her son is likely to benefit little from the exercise, if it results in a review of current policies then ultimately thousands of children stand to benefit. I would challenge it and keep banging on doors till they rake some action. If someone was evading paying their tax I would expect the law to be constructed in such a way that they would be pursued and made to pay. Why the should I expect any less when there's an innocent child involved? No one should be encouraged to think that they are beyond the law.

It is true, yet it's often the father that gets pushed out and denied that opportunity, then in reality (at least in the UK) we get this breed of dysfunctional kids/adults.
I agree the OP shouldn't just give up, but they need to mature a lot if they think life is centered on them.

ShowMeTheM0ney

I keep on trying as this is what my son deserves, money from his father. Spoke with the CSA last week, as when collecting my son from Ex parents house, I came across some wage slips for my Ex posted to his parents house. He still selfemployed however, I pasted my findings to the CSA. Again nothing they can do as no fixed address!!
While I'm trying to find a few pounds at the end of the month for gas and electricity just before pay date, there's my Ex earning £3000 in month of February and wasting it all on drugs and drink. Makes me sick, I could really do with extra money for clothes for my son.
Surely there is something someone can do to make this man take responsibility of our son!?!?

justontime

If he is working for himself or as a contractor it is probable that he has his own limited company, if so the company must have a registered address which you can should be able to find out (you can do it online). If he has his own limited company he is an employee of that company rather than 'self employed' it's important that you understand the difference because CSA would assess him differently in this case and you would need to ask for a variation to have his director dividends taken into account. To be tax efficient most people who are directors of their own ltd company pay themselves a small wage and top up their income with dividends, but CSA don't auto take the dividends into account you have to ask for a variation.

You said that you found payslips, that makes me wonder if he is working through an umbrella company. If so he is treated as an employee of the umbrella company and CSA should be able to contact him through the umberella company and put a deduction of earnings order in place if appropriate.

Have you asked your MP for help with this? If not it may be worth doing so. Obviously I don't know all the details but if this man is organised enough to be working for himself and earning a significant amount it should be possible to track him down and make an assessment.

[Deleted User]

The problem is the CSA do the easy things, but if someone is resisting paying.., they can run rings round them.

It took 7 years to get any CSA from my ex. I gave them employers names and addresses (he wasn't self employed), told them he was done for benefit fraud (working and claimed disability), nothing made any difference. I did, in the end, out of the blue get some payments. But nothing like it should have been. But I was very grateful to get anything at all to help support our son.

If I questioned anything, I'd make two phone calls to even 'suposedly' get the query posted to the right department (you could never speak to them yourselves) and then nothing would happen.

In the end I was told the initial claim was too old, even though my ex was done for benefit fraud.

Its all wrong, but not a lot a person can do.

I was told that with self employed people it was even more difficult as until proven otherwise, the CSA have to take as gospel, the fathers report of their earnings. It took me nearly a year to get them to obtain tax records for more recent changes. They spent months sending my ex letters, making phone calls (to have him refuse to talk to them) before they did this. A couple of years ago, he changed jobs after paying 3 months CSA, all payments stopped and the exhaustive process started again. Took another year to get anything.

poppasmurf_bewdley

If he's living at his girlfriends council flat, have you informed the council? In all probability, there is benefit fraud going on as well as avoiding paying child support.

HMRC may also like to know about him as if he hasn't got a recognised address, he will be avoiding paying income tax and national insurance.

You can do all of this anonymously.

Once it goes to court, you will have an address for him.