Csa Making A Charging Order

[bathspray]

Hi please could any one help on this.

CSA CHILD SUPPORT AGENCY are applying for a Charging Order on our house.

 

The house was purchased approx 2 1/2 years ago and bought in my name solely, but for both my partner and I, at the time we had one child - we now have 2 little boys aged 3 and 6.

 

I have one child with a previous partner and this is the CSA case. My daughter is now 9.

 

It is complicated in that my ex partner is married to my present partners ex boyfriend.

 

I have been disallowed access or the likes by my ex since my daughter was 3.

 

Albeit right or wrong i have not paid maintenance for this reason. They are now saying I owe £10500

 

My present partner paid £10K into the property when we bought it but is not named on the mortgage as she had a CCJ and could not be put onto the mortgage at the time.

 

Are we about to lose our house and become homeless with 2 children.

 

My partner works part time and I look after our children.

 

Many thanks for taking the time to read this post and I hope someone may be able to help.

[BankFodder]

There is a constructive trust o the property - although what the value of your partner's share is, is not clear. Depends on their contributions to payments, bills and also each of your own input into the family effort allowing the other the time to earn money to pay the mortgage.

 

You shosul have registered a notice on the property in your partner's name and you shojld do this now - alhtough it will look suspisious.

 

You should assemble all the evidence of your financial arrangements to show that there is a trust - known in this situation as a contructive trust.

 

However, they will still be able to put the charge on the property but you should be able to get your partner's interest in as a prior encumbrance.

 

Sorry to say, but avoiding CSA isn't the brightest way to get access to your daughter - as you are starting to find out.

[bathspray]

Hi thankyou for the reply.

 

What notice is that and do you know how i go about doing that please??

 

Also does it look like we are about to be made homeless with two young children due to the CSA.??

 

This is worrying us sick at the moment

 

Many thanks

[bazaar]

They wont be making you homeless, you need to be setting out what interest your partner has in the house.

You do not have to give details of your partners income either.

They say you owe an amount, OK, how did they arrive at that amount?

If you were working, then obviously they have calculated from your earnings, you need to send them an SAR to get everything thing they have on you. This will be a lot of computer printouts, but youve got to start somewhere.

Did you ever contest their assessments?

You say she has a partner, has she ever declared this? Is she on benefits?

you see where Im going with this?

If she has claimed anything falsely, then you have something to hit back with. Youre not going to get off with it, but you may be able to reduce it.

[bathspray]

Ok i have today sent off the Subject access Request letter.

 

How long should this take??

 

Benefits she was claiming - i am sure they were but I cant prove this at the moment.

 

My income - how they calculated it - im not too sure but my tax returns will need to be printed off to use as evidence - is that correct? as I was self employed.

 

Thankyou

[bazaar]

OK They have 40 days for the SAR,

As youre self employed, well this raises another interesting point.

I'm not going to tell you to do this but, but let's have a little scenario here.

You are self employed, you have outgoings on your business.

Are you a partnership? If so, then maybe your partner has earnt all the money and you were only paid your travel costs. ( OH Dear, the CSA cant get anything ). Get it?

The CSA has only vested interest in what you earn, they cannot demand to see what any partner earns, its none of their business, you just say, they refuse to supply their data, end of.

Now as a punishment, they then class you as a single person, so the threat is you'll pay more. But, if your accountancy is good, ( Or better still your accountant). Paying more on bugger all isnt a lot is it?

[jdes26]

get on this site DEADBEATS DADS...... they cant put a charge on your property if you go to court dont agree to judges demands the CSA

[jdes26]

are not LAW ! they think they are but they aint...... remember dead beat dads

[jdes26]

BAZAAR you are correct but if he has done his self assements returns they will go through them via inland revenue and THEY will give the csa what they require. but if he says his circumstance has changed then maybe they might cut him some slack... but i doubt it very much.... if he turns up in court and accepts what the judge says hes done for.... he needs to seek legal advice asap

[jdes26]

bathspray they will have all your records i to am self employed and they had mine.

[bathspray]

Hi all thanks for all the replies - very helpful.

 

My father died in 2006 and left me some money so I took time out of work and spent time bringing my 2 little boys up with my new partner.

 

Will they know how much I was left at all. I invested some of it into a business but that went bang up the wall.

 

As soon as my father passed away the CSA letters were hitting the doormat.

 

I am thinking now shall I go to sign on as i have not been claiming anything as my partner works part time and I look after our little boy whilst the elder is at school.

 

At present I have no income at all just my girlfriends and she gets tax credits and child allowance.

 

I cant wait for the Subject Access to arrive to see how sneaky these CSA people can be.

 

Are you now saying Dont go to court! or shall I attend when the date comes up.

 

I have also been on Deadbeat Dads site and that too is very helpful. I am going to contact the Land Registry about the charging orders Ive got on my property also.

 

The CSA I think have gone of some amount off there own back as when I was self employed I sub contracted to a company. The CSA approached the company asking about my income and they refused to tell them anything.

 

All of my previous end of year accounts have resulted in Tax rebates as ive earned the minimum amount.

 

Many thanks again

[jdes26]

high bathspray you sound like a great guy........................ i dont know your true situation but if you need my assistance i am here for you.... i paid my ex wife 4 nearly five years 400 per month and i was layed off and out of work 4 3 / 4 months she got the csa on me evil cow but im beating the csa ..............the thing is if they have to prove your earnings when you should of paid you could be in trouble but if you stick to dead beat dads rules and court proceedures you will be fine remember these words............. the CSA are not law

[bazaar]

Yep agree with JD, You MUST attend court, get yourself signed on ASAP,

That company you worked for did the right thing, these leeches will try anything to get info on you, then hammer you. But the best thing is that your kids dont get to see any of the money they suck out of you.

[csahelper]

Hi Bathspray

 

Ok - firstly - you NEED to find out how much your current liability is.. how much should you be paying per week? Ring today/tomorrow/tuesday asap.. find out.. if you are not working.. tell them - this is a change of circumstances and this will be calculated from the date you notify them. No income = No liability. If you claim benefits - you must pay £5.00 per week. So as you previously said - claiming benefits wont mean you pay nothing - and if you claim benefits and work - you could be breaking the law there.

 

If you are saying that you are self-employed but earning the minimum amount - tell them.. the assessment will more than likely lead to £5.00 per week.

 

I am not so sure what your current situation is - so i cant help much there.. let me know exactly and i will be able to help a bit more.

 

With a liability order - this means should you come to sell your house - that much is due to your ex.. i dont believe it makes you homeless.. as this would not be in the best interests of anyone - so dont worry about that.

 

When you receive your file - go through everything.. look for any contact you have made with the csa which suggests you can't afford to pay, your income is lower, anything that suggests you are not able to pay - this would mean they should have recalculated based on new income. They will have to use tax returns and they will get these from inland revenue..

 

It is really hard to help you here as I dont know specifics. You could try to ask for the court hearing to be postponed whilst you await your casefile? Just a thought - when you receive it - maybe see citizens advice bureau? Or solicitor? Or let me know!

 

You need to be aware though that no matter what disputes you have with your ex - the case will stay open until your daughter is about 19 or until she leaves school/college. So you have a long way to go - the arrears will keep building and more charging orders can be applied for if you do not start to pay - if you can prove you have no income - then they can not make you pay.. and the arrears will be suspended until you do have income..

 

I want to help but i am struggling as i am guessing at details here.. message me if you want to discuss specifics?!

 

Hope this helps anyway.