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indifeather

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About indifeather

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  1. Hi, so in a nutshell, I am helping my husband deal with the csa and have been for the past 10 yrs. We desperately need someone who knows about such things to advise on what to do as now they are seeking a final charging order on our home. Background info: His case is clerical and started in 1997. In 1999 both he and his partner (the pwc) wrote in to ask for the case to be closed as they were back together. The csa ignored this and kept it open until 2001 charging my husband weekly maintenance and thus building arrears. According to the child support act 1991 as they were living together at the time, there would be no qualifying child and therefore no liability on my husband. A new case was opened in 2006 under csa2. There are arrears but these have been generated due to maladministration. He has paid regularly until he had to go abroad to work for several years. He informed them and was told a nil assessment applied. Just over a year ago after several years of quiet from the csa they sent a demand for £20000 arrear payment. He instructed a legal csa specialist to act on his behalf as he was still living away. They proved to be not as able as they claimed. Last year he returned for good after being made redundent. The csa pursued the amount of £30000 arrears even though it was already in dispute and they had contact with myself and the 'specialist'. This has progressed to the granting of a liability order and an interim charging order on our home. Now in a month he has to go to a final court order hearing. But the amount is still incorrect and I know that the judge will not be able to question it on the day. I have been in touch with the enforcement at csa and they told me to write it all down to them which I am doing any way as he is contesting the action. My questions are: 1. Where do I send the copy of the letter served to the csa(claimant) for the Judge to read before the court date. 2. Does he need any forms such as an n245 to put our case across. 3. As he is liable for some debt and even though there is no equity in the house. How doe he apply for conditions to be attached to the order i.e a) No further legal action until our children have moved out of the home. b) Implentation of an instalment order for over 4/5 years. Thank you for reading this. And just for the record, in case it makes a difference, he is paying and has been paying for many months his weekly maintenance and an arrear payment. So he is doing all he can but they just wont stop.
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