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Court over ruling CSA and potentially charging me £1000p/m!!


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Hi All,

 

Really need advice/help here as I am worried about the following:

 

I have 2 children in their teens who live with my evil ex. I happily paid my CSA payments (better/easier than dealing with my ex) for many years, about 12 now. I also loaned her my half of the equity of our house saving her about £24,000 in interest rates in the past few years (she has to give me the money back when the kids are 18). I've had good jobs in the past so paid anything from £800-600 a month to her. Naturally she did everything possible to stop me seeing my kids but the law doesn't care about that. Being a lazy bitch she also chose to work p/t despite moving 90 miles away to be near her parents for support.

 

Anyway, I left employment about 18 months ago to work on my own and so stopped paying my CSA payments (I'd over paid in the past by 9 months anway). Its been very very hard for me and what I have earnt has been mostly what its cost me to acquire business. Effectively I've not been earning.

 

My ex decided, despite knowing nothing much about my lifestyle that I am 'living beyond my means' and am obviously on the fiddle. Basically she wants money and won't pull her own finger out despite working p/t. My wife has a good job and so we can survive ok on her wages although this is not ideal. So, off we go to court and, cutting a long story short, the court said 'Provide us with just about every finiancial document you have' or we're going to (sorry for the language) **** you over massively. I said that's fine although I objected to my ex having full sight of all our financial affairs but there's nothing I can do.

 

So, what worries me is that the court could now say and, indeed, are intimating 'Ok, thanks for this but we've been through all you details and think you should pay anyway' even though I am not earning and therefore don't have to pay anything and despite me conforming to all requests for information and doing exactly as they and the CSA have said. I've said, on their recommendation, that I'll make an offer to pay some money but what really scares me is that they seem to be able to ignore CSA rules and do what they think and, at the moment, they think I should pay ALL the payments from the last 18 months as arrears plus future payment amount to not far off £1000 a month!!! Whilst I am not earning a penny!!! And despite me proving it!!!:mad2:

 

Can I fight this in court with my own lawyer if I need too because I feel totally against the wall on this. £1000 a month would be a killer for us and, quite simply, against the law (it seems). There is no proof of me having some hidden income as I don't have one!! I wish I bloody did.

 

Any help much appreciated.

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  • 2 weeks later...

Ok the equity loan does not come into this. That is something you did out of the 'kindness of your own heart' etc but the CSA will not take it into account. You might however be able to use it as proof that you have always had the best interests of your kids at heart.

 

Secondly you have a CSA agreement, you should have stuck to it. Over paying was stupid, you should have paid the amount they told you to pay each month and no more. I suggest you get proof of these over payments and use them to show that the arrears which have built up should be reduced. You say your kids are now in their teens? When was your CSA case opened? Only because for cases opened before a certain date they will take your current wife's earnings into account but for cases opened after that date they will discount them.

 

Finally is it definitely Court or is your ex wife taking you to a tribunal? I'm assuming you informed the CSA of your change in circumstances and didn't just stop paying? I just have a feeling they will say you are earning even tho you are saying its only enough to cover what you have spent on your business and that you should be paying something towards your kids. Pretty sure you can have your own legal representation but I don't think it will be an easy fight

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  • 4 weeks later...

Wife's income cannot be used as 'net income' figure but of she's not earning much and/or receiving tax credits, you will be given an allowance of 'exempt' income. (If case was opened before March 2003).

Equity cannot be considered by CSA.

Who took you to court? I would definitely involve your lawyer.

SAFU

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