At breaking point...please help!

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Desperation has me joining this forum to ask for help from you wonderful people.

I am nrppartner. For 25 years the csa have got everything wrong with my husbands case. He has paid. But we have struggled.

The csa/cms are hellbent on seeing us out of our home. So it seems. There are too many errors to list here.

We have a charge on our jointly owned property obtained with incorrect arrears amount. We have complained. But now they are questioning a period during which we had separated and my husband left the country and lived and worked abroad.

Before he left he was assured his liability was assessed as nil.

Now over ten years later. I'm worried they are about to renege on that and backdate a fictitious sum.

Facts are:

He worked and lived abroad in a non remo , non eu country.

He worked for non uk company and was paid in local currency.

He remained on joint mortgage so me and our children could stay in the home.

Also for the same reason he was ok with keeping our joint bank account that paid the mortgage.

He never spent more that 45 days, if that, in the UK in any one year over a 5 year period.

Inland revenue knew where he was and declared zero tax liability.


Please anyone. Is there a chance the csa/cms could suddenly backdate this.

Oh and he did continue to pay cs in a private arrangement just not as much as may be calculated.

Thank you so much for any help. I am falling apart.

Comments

  • CakeCrusader
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    Nyx33 wrote: »
    Desperation has me joining this forum to ask for help from you wonderful people.

    I am nrppartner. For 25 years the csa have got everything wrong with my husbands case. He has paid. But we have struggled.

    The csa/cms are hellbent on seeing us out of our home. So it seems. There are too many errors to list here.

    We have a charge on our jointly owned property obtained with incorrect arrears amount. We have complained. But now they are questioning a period during which we had separated and my husband left the country and lived and worked abroad.

    Before he left he was assured his liability was assessed as nil. < This is likely to be the problem, he still has ties to the UK so his assessment wouldn't have been nil.

    Now over ten years later. I'm worried they are about to renege on that and backdate a fictitious sum.

    Facts are:

    He worked and lived abroad in a non remo , non eu country.

    He worked for non uk company and was paid in local currency.

    He remained on joint mortgage so me and our children could stay in the home. < if he still has financial ties to the UK, like his name on a joint property, he's still liable for maintenance under the CSA/CMS

    Also for the same reason he was ok with keeping our joint bank account that paid the mortgage. < as above.

    He never spent more that 45 days, if that, in the UK in any one year over a 5 year period.

    Inland revenue knew where he was and declared zero tax liability.


    Please anyone. Is there a chance the csa/cms could suddenly backdate this. < very likely as he hasn't kept up with the original maintenance payments as he 'assumed' his liability was nil. Never assume!!!

    Oh and he did continue to pay cs in a private arrangement just not as much as may be calculated. < there are arrears then.

    Thank you so much for any help. I am falling apart.


    I'm really sorry if I'm coming across as harsh, but children still have to be fed and clothed, even if the NRP decides to move abroad for a while. The fact that your other half still had significant ties to the UK (house ownership, bank account etc) means that the CSA/CMS would have had jurisdiction, it's irrelevant if he moved to a non-remo country, was paid in a different currency, only came back to the UK for a short amount of time etc, it's the fact that he still has his name on a property here, still has a UK bank account, still pays bills and a mortgage which is the issue. You've said he paid less then their original calculation, this is probably why they are chasing your other half for arrears. If they assess maintenance at £100 a week, this is the bare minimum that should be paid, if a NRP decides to pay £50 then they will be chased for the other £50, if they decide to leave the UK and pay what they think, even though they have financial ties here, the CSA/CMS will want to collect the arrears. Your other half made a massive mistake assuming they would make a nil award if he moved abroad, he should have got in touch with them and asked for a reassessment once he'd found a job. The best think your other half can do is start paying the arrears, it's unlikely to be a fictitious sum (although they do get calculations wrong).
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