child support agency applying for a liability order

[postggj]

BROTHERS PROBLEM THIS/NOT MINE

 

WELL ITS THE SAME OLD STORY TO BEGIN WITH

DIVORCE WITH KIDS AND MAINTANANCE

 

MY BROTHER HAS TWO CHILDREN

WELL THEY ARE 16 AND 18 NOW

 

IN THE BEGINING WHEN THEY SPLIT UP HE WAS PAYING DIRECT TO HER AT £100 PER WEEK FOR THE TWO CHILDREN. HIS EX WAS NOT SATISFIED WITH THIS AND CALLED IN THE CSA.

AT THE TIME HE HAD BEEN WORKING FOR ABOUT THREE MONTHS AND THE CSA ASSESSED HIM TO PAY £800 PER MONTH FOR THE KIDS. BECAUSE OF THIS HE HAD TO RESIGN FROM HIS JOB.

HE STARTED UP HIS OWN COMPANY AFTER THAT.

 

he has had an assessmant stating he has been zero rated for child maintance due to his company figures, they went to his accountants in person and inspected his books, he had been paying a minimum ammount due to the low wage he takes from the company BY AN ATTACHMENT OF EARNINGS ORDER

the Csa are happy with this and have cofirmed everything in writing.

 

he now has received a letter from the csa stating they will be applying for a liability order in seven days under S.33 OF THE CHILD SUPPORT ACT 1991 UNLESS HE PAYS ARREARS OF 10 K IN SEVEN DAYS.

 

THEY PUT THE ARREARS FROM 2002 TO 2010

 

THIS IS ONE DEPARTMENT NOT TALKING TO ANOTHER BUT ITS LIKE BANGING YOUR HEAD AGAINST A BRICK WALL.

 

THINKING CAPS ON PEOPLE

 

THIS IS WAR

[postggj]

been doing a bit of digging

 

doES the csa exist anymore

 

i thought it had been replaced on the 5 june 2008 by

 

THE CHILD MAINTENANCE AND ENFORCEMENT COMISSION

 

SO USING S.33 CHILD SUPPORT ACT 1991 IS IRRELEVANT

 

COMMENTS PEOPLE

[postggj]

bumping this up as this threaD IS RATHER QUIET

 

I HAVE JUST MET UP WITH MY BROTHER AND HE HAS SHOWN ME THE LETTER FROM THE CSA

 

NOW IN THE BIT WHERE THEY SAY THEY WILL BE APPLYING FOR A LIABILITY ORDER AND YOU CAN GO TO COURT AND ARGUE AGAINST THE APPLICATION

 

ONE OF THE REASONS STATED THAT THE MAGISTRATE WILL NOT DEBATE IS

 

YOU BELIEVE THE ARREARS FIGURES ARE INCORRECT

 

THATS GUILTY UNTILL YOU PROOVE YOUR SELF INNOCENT

 

NOW WHAT AREA OF THE CHILD SUPPORT ACT 1991 CAN THEY MAKE THOSE CLAIMS

 

COMMENTS PEOPLE

[jdes26]

go to DEADBEATDADS they will help.... personally can he prove his earnings? is he self employed?

[postggj]

He Can Prove Hie Earnings

 

He Had An Audit By The Csa With Jis Accountant And Was Zero Rated

[jdes26]

you would have to earn £20000 profit per year to pay £400 per month so u say he had to pay £800 per month thats means he would have to earn £40000per year PROFIT

Your being a little vague how many years has he paid csa or ex wife?

[jdes26]

example year 1..... 200000 20 % = 400 per month

year 2 .....400000 20% = 800 per month

but if he has only paid 400 and has earnt 800 then there is an arrear of 400

 

u get me?

[jdes26]

if he can prove his earnings what is the issue postggj?

[postggj]

What Angers Me Is They Say They Will Apply For A Liability Order And You Cannot Defend Against It In Court

 

This Cant Be Legal

[jdes26]

listen................ there is a way! they are not law the only way to fight this if you dont want to pay is go on to dead beat dads website join the forum and they will give u all the info you need

[postggj]

if he can prove his earnings what is the issue postggj?

 

 

THIS SEEMS TO ME TWO DEPTS NOT TALKING TO EACH OTHER

 

HE WORKED FOR THREE MONTHS FOR AN EMPLOYER ABOUT SEVEN YEARS AGO

 

HE HAD TO LEAVE AS THE CSA WANTED 800 QUID A MONTH OUT OF HIS WAGES (HALF)

 

THE CSA ASSESSED HIM AT THAT JOB FOR 12 MONTHS, NOT THREE

 

THEY WONT ALTER THERE FIGURES

[jdes26]

i see.................... how much is the arrears? does he owe the csa anything?

[jdes26]

the best thing 4 him to do is go self employed ......................the csa are evil evil people..... why did the ex not accept 400 per month? greed?

[postggj]

Thats The Point

 

He Went Self Employed By Setting Up His Own Company And Paying Himself A Minimum Wage

 

Thats Why The So Called Arrears Have Never Been Paid

 

Its 12 Monts Assessmant When He Only Worked For The Company For Three Seven Years Ago

 

He Has Just Had An Audit From The Csa And Was Zero Rated For Child Maintanance, Its Just The Arrears From Seven Years Ago They Are Now After Him For

[jdes26]

how much.... if he can prove he didnt work there he doesnt have a problem my friend owes them 20k

[shafted]

i would write to your local MP about this, if he was self employed and was only paying himself £100.00 per week then he only would of had to pay £5.00 per week, if he has his past 6-10 yrs tax returns to prove this then they cant do this liabilty stuff its a nonsense, if worst comes to worst get solicitor and let cmec take him to court and they will fall flat on there faces, the more people complain about cmecs bully boy tactics something just might snap one day, we can live in hope.

 

Good luck.

[csahelper]

Hi

 

Firstly, the liability order has not been applied for yet, this is a lengthy process. The main thing is for your brother to make contact and start to comply. The only reason they will go down this route is if people are self-employed, because they can't go to an employer for a deduction from earnings. And secondly, they will apply for this liability order if the non resident parent is non compliant.

 

Your brother needs to request an account breakdown, showing the different amounts he was liable to pay from different times. He can offer to pay whatever he is liable to pay at the moment - this will ease the pressure from the csa.

 

If your brother has paperwork to confirm the amounts he needs to pay (£0.00 as you say) then he can contact the csa and see what they have to say about this. It may be that the amounts have been recalculated (revised) at some point in time - if this is the case - the new liability will stand no matter what and your brother is liable for the debt calculated.

 

Best bet is to contact them and see what they say, account breakdown, offer to make payments - liability order will be postponed - but beware - bailiffs usually come before this so.. your brother needs to act quick..

 

Hope this helps, if you need anything else let me know.. as it is difficult to reply as your message is a little vague with the life of the case etc..!

 

Thanks!