I want CSA to take me to court.

How can I get CSA to take me to court? I had to quite my job last year as CSA were taking more than I could affford, and did not take into consideration my curumstances.

The want to take near on £600 from my wages starting this month. This is 50% of my income. My rent alone is £600 and council tax is almost £200 (Im a year behind because of CSA last year)

I have 3 children living at home, and I pay maintenance for 2 other children direct. They are claiming for one of the child I am already paying direct, and have been for over a year, and the another man is named as the farther on the birth certificate, and is named after him as well.

I have spoken to my ex who has advises they do not want my money, and as long as I give my daughter pocket money that's fine. CSA say its including arrears, yet they have taken over a year to assess me!

There are in progress of make 5 people homeless including 3 children, as we have a court order on the house as well (again due to CSA taking money leaving me unable to pay full rent)

My partner has been at uni for 4 years so has not been working and has no income, so I am trying to now support 6 children and a house on £600 a month.

I have been thinking about quitting my job once again, or even further doing something stupid as I can take this any more, and I have been made homeless twice before through CSA.

I want to goto court to plea my case. I'm sure this is against my human rights
«134

Comments

  • Caz3121
    Caz3121 Posts: 15,796 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    How can I get CSA to take me to court? I had to quite my job last year as CSA were taking more than I could affford, and did not take into consideration my curumstances.
    If you have arrears, they will not disappear and will just be paused whilst not working

    The want to take near on £600 from my wages starting this month. This is 50% of my income. My rent alone is £600 and council tax is almost £200 (Im a year behind because of CSA last year)
    I assume the £600 is 50% of your earned income rather than total income, CSA will include WTC and CTC which should be approx another £850+ per month if you are earning £1,200 with 3 qualifying children at home (you should also be receiving child benefit at another £200+ per month which they do not include) Are they including a reduction for the children you have at home?

    I have 3 children living at home, and I pay maintenance for 2 other children direct. They are claiming for one of the child I am already paying direct, and have been for over a year, and the another man is named as the farther on the birth certificate, and is named after him as well.
    If you have been paying direct and the PWC has now opened a CSA case, the advice is usually to stop making the direct payments, keep the money separate, and wait until the assessment is made. Have all your payments been marked as "Child Maintenance" If the PWC has been accepting payment but also made a claim with CSA, is she likely to deny that you have been making payments? Have you denied parentage and requested a DNA test if you believe the child is not yours? - why do you currently pay for this child if you believe the child is not yours?

    I have spoken to my ex who has advises they do not want my money, and as long as I give my daughter pocket money that's fine. CSA say its including arrears, yet they have taken over a year to assess me!
    PWC will need to close the case they opened. Not sure why they opened a case if they do not want your money

    There are in progress of make 5 people homeless including 3 children, as we have a court order on the house as well (again due to CSA taking money leaving me unable to pay full rent)
    Have you checked whether you are receiving all the benefits you are entitled to? CTC, WTC, CB, Housing Benefit etc

    My partner has been at uni for 4 years so has not been working and has no income, so I am trying to now support 6 children and a house on £600 a month.
    Does your partner not receive any student funding or loans? Could they take a part time job to take some of the pressure off you (their income would not be included in the assessment)

    I have been thinking about quitting my job once again, or even further doing something stupid as I can take this any more, and I have been made homeless twice before through CSA.
    The arrears will not go away, just be deferred, have you tried to come to an agreement over a payment plan for the arrears - they may let you pay them off over 2 years as long as you stick to the payment schedule

    I want to goto court to plea my case. I'm sure this is against my human rights
    Would probably be better transferring this to the Child Support board but to stand any chance in court of agreeing a payment plan for the arrears etc I think you will have to demonstrate that you have made every attempt to come to an agreement in advance. Keep all correspondence in writing, request all the information that they hold on you so you can confirm what details may be incorrect...how long do the arrears go back?
  • clearingout
    clearingout Posts: 3,290 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You are legally obliged to pay child maintenance at the going rate. The courts will not over-ride that or make you pay less or listen to sob stories.

    If there are Court Orders against your house, the CSA has already (successfully) taken you to court, so why not go to court then?

    Your children - all of them - have 'human rights' too. They need to be clothed and fed and a roof put over their heads. Children who are not living with you are no less important than those who do.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I have 3 children living at home, and I pay maintenance for 2 other children direct.

    They are claiming for one of the child I am already paying direct, and have been for over a year, and the another man is named as the farther on the birth certificate, and is named after him as well.

    Why are you paying for a child when you are not the father?
  • dodger1
    dodger1 Posts: 4,579 Forumite
    I have spoken to my ex who has advises they do not want my money, and as long as I give my daughter pocket money that's fine. CSA say its including arrears, yet they have taken over a year to assess me!

    Not sure how child support works but if your ex receives all the money then can't she just give it back to you less the pocket money or does she not receive what you actually pay?
    It's someone else's fault.
  • bspm
    bspm Posts: 541 Forumite
    Fifth Anniversary 500 Posts Name Dropper
    Who are the arrears owed to? your ex or the state? if they are owed to your ex she can say to the CSA that she doesn't want them. If they're owed to the Secretary of State then they are nothing to do with your ex as she has already had them paid to her on your behalf and therefore reclaimable from you.

    As for taking 50% of your wage? that seems a little extreme, when I last worked for the CSA if we issued a DEO (deduction of earnings order) it was as a last attempt to obtain maintenance plus any arrears due, surely someone has contacted you before taking it from your wages? were you not asked to make an agreement to pay your maintenance and arrears first?

    You also say you have children in your household, the CSA do not rob one child to pay another, you aren't making any sense.
  • pmduk
    pmduk Posts: 10,670 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Your earnings are protected at 60% have you pointed out to them they're taking more than this?
  • stuartkeith
    stuartkeith Posts: 32 Forumite
    I have never been given the chance to pay, they have always mad a DoE on me. It is cheaper to pay the ex of my youngest as she says she do sent need my money, she just wants to screw me for as much as she can get from me, she enjoys seeming me suffer. I may be the child, however I cannot afford the cost of the test. And the way I see it, If she has names another man as the farther, why should I be liable for csa for them?

    We also agreed I would pay her direct, to stop csa, as then I would would not go to cps, as she as been letting a convicted abuser looking after all 6 of her children. She is also a very bad piece of work, been in prison for purgery, and lied about being pregnant (told me she took the morning after pill after the accident)

    AS for the areas, they are for the last year, when they were apparently taking to asses me. I don't see how they can claim for it all at once? surly they should not be allowed to do this, it would be fair if they took the payments from as soon as the fee was agreed. I could cover the cost of this without too much issues. Its the fact they want to take 2 years worth for 2 children.

    My partner has just finished UNI this month, and as had interviews, so hopefully will be working within the next 6 weeks. Her loans have been used to clear arrears of bills we have not been able to pay, as well as food, and travel expenses to help me get to work as I cannot afford to pay to get to work and her to get to uni, (she drives 80miles a day for uni).

    According to the CSA, the children in my house hold are entitled to £20 a week of my earnings, yet I am expected to pay £33 a week for the other children? how is this fair?

    I have never denied I need to pay, and have no issues, I have been paying £40 to my 2 youngest. My eldest mother said she don't want my money any more

    I am more that £30k in debt because of the CSA, They took me to court 12yrs ago saying I owed £7.5k of unpaid CSA. The court ordered them to re asses me 3 times before they did, and it turned out I owed £150,

    You can see my faith in the system is low. This is why I cannot afford to make the payments, due to the debt I am in, taking this much is liable to place me in prison for non payment of CT (I have been unable to make payment for the last year, and only just started paying back this year)

    I am not trying to get out of paying, I just need to get them to see I cannot afford to make the payments they are asking.

    The women are the ones that decided to leave, I was the abused in an abusive relationship, and now I have left her, she is still punishing me.
  • fluffy70
    fluffy70 Posts: 226 Forumite
    Just interested - how many exes are there? Am I reading it correctly that there are two exes, one with two children and one with an older child who no longer wants your money? And of the two younger only one has you named as father on the birth certificate? Are the payments of £33 a month including the arrears payments and if you deduct the arrears payments what would the monthly payment be for each child that isn't living with you?

    It is all very confusing but in the real light of day if you have a child you need to pay for that child - your ex may well have taken the MAP - they don't always work!
    All of my views are my own :o
  • stuartkeith
    stuartkeith Posts: 32 Forumite
    fluffy70 wrote: »
    Just interested - how many exes are there? Am I reading it correctly that there are two exes, one with two children and one with an older child who no longer wants your money? And of the two younger only one has you named as father on the birth certificate? Are the payments of £33 a month including the arrears payments and if you deduct the arrears payments what would the monthly payment be for each child that isn't living with you?

    It is all very confusing but in the real light of day if you have a child you need to pay for that child - your ex may well have taken the MAP - they don't always work!

    I have 3 children I pay maintenance for. 2 of this children are mine, I was married to both their mothers for over 4years. Both decided to have affairs and leave. My son who is 9 I pay for his swimming every month which is £40. My eldest who is 15, she is one of the ones CSA is claiming for, her mother advised she did not contact CSA and dose not want my money (they are rich) and as long as I give her £40 a month pocket money (same as my son) she is happy for that.

    The youngest who is possible 2yrs old now, may or may not be my child. As I cannot afford a DNA test I am giving her £25 a month to shut her up and to avoid her going to CSA. She used me for a child, lied about being pregnant, and lied about using the morning after pill.

    She has 6kids from 5 dads and never worked a day in her life, she turned around and told me she don't need my money as she gets enough on benefits. She has just done it because she can,

    Another man is named on the birth certificate as the father, and he is named after this man. Hence I don't see why I should have to pay CSA, however I am given her this to prevent them taking more than I can afford.

    I cannot afford a lawyer so cannot go for custurdy, I would if I could, as she as let a convicted child abuser look after her children. I know this because it was my 9yr old sons god parents son who was being abused by him, and she was contacted by the CPS advising her he was looking after her kids and did she know.

    I confronted her about this, and she agreed not to GOTO CSA if I didn't go and give a statement to CPS.

    So basicly my eldest son is not the issue here, just the other two. We are not entitled to help on housing which is why there is now a court order on the house.

    My GF applied for job seekers, however they will not pay her anything, because of me, even though we are not married and our money is separate. Housing have to judge my income pre deductions, so even though I will be taken home £600 a month they need to base it on the full amount.

    Within 4months I am going to be in debt by an extra £2000 in bills, and over £600 in council tax.
  • bspm
    bspm Posts: 541 Forumite
    Fifth Anniversary 500 Posts Name Dropper
    Which ex does the two year old live with? The rich one who also has the 15 year old and doesn't need your money or the one with 6 kids? I am very confused
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 349.9K Banking & Borrowing
  • 252.6K Reduce Debt & Boost Income
  • 453K Spending & Discounts
  • 242.8K Work, Benefits & Business
  • 619.7K Mortgages, Homes & Bills
  • 176.4K Life & Family
  • 255.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.