CSA Nightmare

Happ-Happy

Hi all I need some advice if possible.

My ex wife left me in 1997, taking our 3 children with her, the first I knew of this was when I came home from work and found the house empty of furniture and the Bank accounts cleared of £4k+.

To cut a long story short I came to an arrangement with my ex to pay her £750 per month towards the children, I paid this for 2 years and then she asked for more, due to the fact I could not afford it, she went to the CSA who upped the payments to £770 and by the time it was sorted I owed £12k in arrears.

In 2002 my ex re-married and I was pensioned of from work due to an injury on duty, My ex took me to court for part of my pension and the Judge ordered that I pay her £1 due to her greed and all the money she had already taken.

In 2003 out of the blue I got a letter from the CSA together with a phone call telling me that they had re-assessed me and it was a Nil assessmet.

I did not have to pay anymore and that my arrears had been reduced to £1k.

I have been putting aside £250 per month since for the children and taking them on holidays twice a year.

I got remarried last year and now my ex wants my wife and I to start paying her again due to her and her husband over-streaching themselves financially.

My ex has her own business and her husband has his business, they live in a £450k home, two new cars not to mention foreign holidays to the far east every year, (without taking the children).

My wife and I have refused to pay and my ex has gone back to the CSA, they have phoned today stating that the nil assessment has been set aside and that a letter is on the way and that all the payments I should have made in the last 4 years will now become arrears , and that amounts to thousands of pounds, roughly £35K.

Can the CSA do this, my wife has told me that she will refuse to co-operate with the CSA, can they make her disclose her salery details.

Also due to the fact I am on an injury on duty pension can the CSA take any of this, I am given to understand they cannot .

I have also taken on loans/credit since the nil assessment and if I have to start paying again then this would result in my bankruptcy.

I know it's my children and I have to contribute towards them, but surely there has to be some common sense here.

Sorry for the long post thatnks for reading, any advice will be most welcome.

kelloggs36

She must have applied for a Departure or Variation or appealed against the Nil assessment and won in order for the assessment to have been set aside. yOu need to get the info about the reason for the set aside decision.

Now with regards your partner's details be very careful. You seem to have been a very high earner to get such a high assessment. If she refuses to give her details then you will be assessed at paying the maximum possible as you will not be given any protected income as they need all the household income details in order to do this. It may be that her details make absoloutely no difference at all to the assessment, but it may mean a REDUCTION if you have children in the household - without all the full info, I can't say for sure.

You can ask for the whole assessment to be looked at again from now, which will mean that your ex's income will also be assessed.

Bear in mind also, that your ex could apply for your housing costs to be split between you and your partner which will mean an increase in your assessment. If your partner refuses to give her details, they will automatically split it 50/50. If your partner earns less than you, I suggest you provide the details if a Variation or Departure application is made on this ground.

If you want me to give you an indication of how much you will have to pay, PM me and I will give you a complete breakdown. It will however not take into account your ex's details, so it will be a maximum assessment and could therefore be less if she has assessable income herself.

CSA is not counted in bankruptcy cases and must be paid.

Not sure about the pension I'm afraid - it would depend on what it was for exactly.

Happ-Happy

Thanks very much for the replies, Kellogs have sent you a PM.