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Csa arrears
Daisy2016
Posts: 64 Forumite
CMS not csa �� Sorry
Just wondering if someones is able to give me a bit of advice as i feel like im hitting a brick wall
Other parent is self employed and does a lot of cash work so award is nothing like it should be . Other parent consistantly misses payments and arrears just seem to be climbing higher and higher
By July 2015 arrears was £908
This july they are now £1700
Other parent has only a exspensive car and work vechile as assets .
I know its hard for cms to get money as other parent is self employed so its not as if they can do an attachment to earnings bu i thought thw cms were there to collect money thay is rightly owed . You hear so many stories about people getting took to court and going to jail through non payment yet they dont seem bothered that i have been owed arreara for over 2 years now and they are rising ??
Will i ever get what im owed ? Is there a process ie complaint etc that i can go down in order for them to actually take action to obtain these arrears
Many thanks
Just wondering if someones is able to give me a bit of advice as i feel like im hitting a brick wall
Other parent is self employed and does a lot of cash work so award is nothing like it should be . Other parent consistantly misses payments and arrears just seem to be climbing higher and higher
By July 2015 arrears was £908
This july they are now £1700
Other parent has only a exspensive car and work vechile as assets .
I know its hard for cms to get money as other parent is self employed so its not as if they can do an attachment to earnings bu i thought thw cms were there to collect money thay is rightly owed . You hear so many stories about people getting took to court and going to jail through non payment yet they dont seem bothered that i have been owed arreara for over 2 years now and they are rising ??
Will i ever get what im owed ? Is there a process ie complaint etc that i can go down in order for them to actually take action to obtain these arrears
Many thanks
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Comments
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Just wondering if someones is able to give me a bit of advice as i feel like im hitting a brick wall
Other parent is self employed and does a lot of cash work so award is nothing like it should be . Other parent consistantly misses payments and arrears just seem to be climbing higher and higher
By July 2015 arrears was £908
This july they are now £1700
Other parent has only a exspensive car and work vechile as assets .
I know its hard for csa to get money as other parent is self employed so its not as if they can do an attachment to earnings bu i thought thw csa were there to collect money thay is rightly owed . You hear so many stories about people getting took to court and going to jail through non payment yet they dont seem bothered that i have been owed arreara for over 2 years now and they are rising ??
Will i ever get what im owed ? Is there a process ie complaint etc that i can go down in order for them to actually take action to obtain these arrears
Many thanks
Can you please provide me 1, just 1, instance of someone going to prison for failing to pay CSA.
Being self employed, your ex simply puts everything through his company, declares a low income and the arrears get adjusted.
There's not a lot you can do about this. The system is flawed.
e.g. 'he has a car', OR 'his company has a car'.0 -
Can you please provide me 1, just 1, instance of someone going to prison for failing to pay CSA.
Being self employed, your ex simply puts everything through his company, declares a low income and the arrears get adjusted.
There's not a lot you can do about this. The system is flawed.
e.g. 'he has a car', OR 'his company has a car'.
Dwayne ferebee come up on google search .
These arrears were acrued from previous years . How can his income now determine his arrears - the new award yes but not arrears already owed ??
He actually owns a car - wether its in his name or not is a different story
The work van is probably put through the accounts -
Just take the absolute mick that he earns £200 a day and yet makes out he earns pittance . His award is £20 a week csa yet he fails to pay this 3/4 weeks0 -
Dwayne ferebee come up on google search . That's the USA...
These arrears were acrued from previous years . How can his income now determine his arrears - the new award yes but not arrears already owed ?? If he's self employed then he has only submitted in January his tax return for 14/15.
He actually owns a car - wether its in his name or not is a different story - that's the point.
The work van is probably put through the accounts -
Just take the absolute mick that he earns £200 a day and yet makes out he earns pittance . His award is £20 a week csa yet he fails to pay this 3/4 weeks
Unless you can prove that he, not his company, earns £200, not a lot you can do.
Typically as children grow up, they learn about this kind of stuff0 -
most recent case of jail for non payment is
http://www.mirror.co.uk/news/uk-news/wealthy-heir-baronetcy-jailed-refusing-5788360#
in most cases jail is avoided and a suspended sentence is imposed by the judge on the basis that the NRP makes an agreement in court to pay a certain amount weekly or monthly towards the arrears.
only if they fail to pay under this order do they actually get sent to jail or lose their driving licence.0 -
Its getting them to actually take action thats the problem ... His payments are irregular and so the arreara just keep climbing ... They have doubles in the last year . Aparently there is no thumb of rule i.e 20 missed payments or xxx amount of debt . They literally just keep letting it incur 🙈0
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most recent case of jail for non payment is
http://www.mirror.co.uk/news/uk-news/wealthy-heir-baronetcy-jailed-refusing-5788360#
in most cases jail is avoided and a suspended sentence is imposed by the judge on the basis that the NRP makes an agreement in court to pay a certain amount weekly or monthly towards the arrears.
only if they fail to pay under this order do they actually get sent to jail or lose their driving licence.
Lose their driving licence?0 -
Yes, it's one of the potential enforcement outcomes. Has been for years. (Both CSA and CMS).Lose their driving licence?I often use a tablet to post, so sometimes my posts will have random letters inserted, or entirely the wrong word if autocorrect is trying to wind me up. Hopefully you'll still know what I mean.0 -
HoneyNutLoop wrote: »Yes, it's one of the potential enforcement outcomes. Has been for years. (Both CSA and CMS).
genuinely not heard of that, seems a bit odd. learn something new every day
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Its getting them to actually take action thats the problem ... His payments are irregular and so the arreara just keep climbing ... They have doubles in the last year . Aparently there is no thumb of rule i.e 20 missed payments or xxx amount of debt . They literally just keep letting it incur 🙈
I would double check this with them as I was told the limits are either 12 weeks/3 months consecutive missed payments or £500 of debt. I battled with them for months to get my case dealt with correctly and ended up raising a complaint via my MP. The case has been with Criminal Compliance, back and forwards from Legal Enforcement and bailiffs and there are still major issues. There is currently a Liability Order, the second in the space of two years, being collected via bailiffs. However, even though only intermittent payments are being received by the bailiffs, nothing is being paid towards the ongoing assessment which now has arrears of almost three times as much as the existing Liability Order.
My ex is also self-employed, completely cash-in-hand, and has not submitted any assessments/tax returns to HMRC since 2012 and refuses to provide CSA with any income details as he thinks the predicted earnings he gave them in 2012 should still be sufficient! Even CSA themselves admit that they accept his current lifestyle is inconsistent with the low level of income he stated but as I cannot give actual written proof and he ignores all their calls and requests for income details, there is nothing they can do. My ex always said he would never willingly pay child support and he is certainly proving that to be true!
It's a really difficult, time consuming process to get them to take action on a case. I had to write numerous letters, emails and make many phone calls. Registering the complaint though was what go the ball rolling. Might be worth a call or email to your local MP.0 -
what if the parent doesn't have a driving licence, l heard they would take the passport away.0
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