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Can anyone assist with CSA appeal query please?!


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I am assisting my brother in law with a CSA appeal tribunal and just wondered if someone could give me an idea of where to get access to relevant supporting defence arguments or indeed let me know of anything I need to be aware of?

 

He has three kids from prev marriage. When divorced he came to private agreement with his ex inlcuding leaving her the house and maintaining privately agreed payments to direct to her. This was circa 10yrs ago. CSA not involved at the time.

 

Since then he met my sister in law and they have been happily together for around 7yrs and have a child together. Prior to the child being born, they moved in together (he used to live at parent's house) and got into financial difficulties. He wanted to reduce the monthly private payments but his ex kicked off and got the CSA involved.

 

The three kids from before are now 18, 16 and 13. Child he has with sis in law is 3. CSA ruled for direct from earnings payment backdated to include arrears as he had apparently been paying under the odds despite his ex having said she was happy - I don't know if they took the house into account.

 

The payment (inc arrears) was circa £850/mth and is causing them to get into debt. It has been reduced as arrears now been paid and is circa £500/mth but still too high. They appealed 7 months ago and have only just got tribunal date. They are in debt through borrowing to pay the monthly payments and keep on top of everything else. My sister in law works only part time due to looking after their own daughter. CSA seem to think she is responsible for contributing towards CSA payments but they don't even have enough money to buy food some weeks!!! CSA suggested they move to a smaller house....they have a basic 3bed house and cannot move due to loss of equity in current market

 

All bank statements etc in order, no extravagant living here but what else do we need to show them to get them to reduce the payment - it's just creating bad debt. Surely they can't be allowed to do that?!

 

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