CSA Error resulting in arrears

kelliefletcher91

Hi,

Hoping someone can help me or advise if there is anything I can do. We recently received a review from the CSA dated back to August 2014 - fair enough, we've supplied all the information they've required and it's been going backwards and forwards due to the resident parent not confirming that we have the children over 52 days a year (apparently nothing we can do about that but that's a different issue altogether).

Got home yesterday to a letter stating that following a review on the file they are actually going to date the review back to September 2013 - I gave them a call to find out what was going on and apparently the resident parent put in a phone call in September 2013 and the CSA didn't do anything about it so they're dating it back to then as it was the resident parents fault it was a error by the CSA (exact words from the CSA) - so we are now being hit with £4k of arrears due to their mistake and whilst I appreciate it's not the resident parents fault it's not our either! Is there anything I can do about this or is it as with everything else and they're a law onto themselves and can pretty much do whatever they like?

Thanks in advance!

shoe*diva79

Fairly sure nothing you can do about it. As the NRP you could have kept the CSA up to date with pay increases as and when they happened so that arrears would not build up.

shoe*diva79

I just wanted to add, in regard to proving how many nights the children stay over with the NRP, keep a diary, dated photographs etc which will help

kelliefletcher91

Thanks for the reply - my husband is self employed so not really an option to keep them updated they usually just review based on last years tax return. Apparently the diary and even emails from the ex wife aren't sufficient evidence - I've asked what is but haven't been given a satisfactory response other than a court order which will cost us an additional £250!

shoe*diva79

Yes, could be a contact order to make it official is the way to go then. Might cost a little bit of cash now but weigh it up with however long your husband has to pay CM and the discount he could be missing out on.

With regard to self employment, he can contact the CSA and ask for a review each year when his tax return is done, it will save having a lump sum of arrears in future years.