CSA refuse to recognise agreement with my ex

August 6, 2010

In 2006 I seperated from my wife. I immediately contacted the CSA and informed them of the fact as I already had an account with them. The CSA did nothing about re looking at my account.

The divorce process started and despite numerous letters being sent to the CSA they did not deal with the changes until i wrote to them informing them that a divorce court judge had said they were of no use at all. By now 18 months had passed. I was re assessed by the CSA and a new amount was set. but they said that i now owed them £3000 in arrears. This i appealed as it was not my fault. I went all the way to a tribunal hearing which resulted in it being thrown out as the CSA had not responded to requestes for information.

As part of my divorce settelment, my ex stated that she would not persue any maintainance from me until the former married home was sold on the provision i paid 50% of the mortgage. This was confirmed in writng by the csa. In nov 2009 the house was sold and i changed the payments to my ex to the amount quoted by the csa.

Today i received a letter from csa stating i owe £10k. for non payment of the arrears and not paying my ex. they also inform me that the letter re 50% of the mortgage may not be enforceable as i may have had a financial interest in the house ( i dont live there). i obviously dispute this. any tips on how to deal with this?

Comments

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  • kc says:

    if your ex puts in writting she does not want this money this should be accepted
    also she could say as its arrears she recieved it at end of house sale
    but if your ex is happy to coomfirm no money to be collected as your paying the morgage then your ok
    as there are cases were they can wave collecting money eg child is at risk by dad but you can argue you not paying csa was keeping your child out of danger eg out of danger from being homeless which would cause destress emotional abuse etc etc

    ask for entire break down from day one every call letter and assesment month by month eg you got 100 a week 1 child you pay 15% so they expect £15 a week for each dat and if you paid 20 mortgage and your child gained from this after sale ( eg they lived there) then you paid over that minium amount so they cant complain
    your ex must be complacent it backing you up to resolve this. the csa is to make sure the money to help with upbringing and a roof over the childs head be it rent or morgage is part of that
    it don matter how you ex juggles it but justifies it
    how ever they have 1 thing over you they can say you pay the csa and she get your money and she pay the morgage herself.

    the csa also get figures wrong so check them

    speak to your local mp
    good luck

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