CSA threaten to arrest me if I don’t comply
July 30, 2010
This is a long story in entirety. I fell out with the establsihed order a number of years ago over corruption and my intention to whistle blow.
Since then my marriage broke down and my main supporter became “as the enemy” as she uses this corrupt system to beat up on me. I now see my daughter about once a month.
My ex pretended not to want maintenance so that she could make the case in court for the house etc being left to her in almost its entirety…yet BEFORE the case is complete I did get a call from the CSA on my mobile on a Sat afternoon..threatening and demanding in its tone and not listening to the imminent intention to have a 20% 80% split to my wife to take account of no maintenance for the future.
They simply did not listen and stated that I would be arrested if I did not give them information. I now have until Monday (2nd Aug) to give them what they want and begin this awful process when I am on the borderline with my income and not well physically.
Please contact me soon if you can.
Nigel.
Written by Nigel Beckwith · Filed Under CSA Advice, CSA Complaints
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Nigel, they have probably done you a favour.
Never ever sign away marital assets in lieu of ongoing child maintenance liability, the Courts have no authority to do that anyway. The PWC gets the assets and then can utilise the CSA to also collect CM.
As far as I am ware they have no power of arrest, they would need to apply to court for a warrant for your arrest first which they would be unlikely to get for refusal to provide salary details. You see, there is a system for a default assessment instead.
Having said that, you achieve very little from being obstructive. Complete their forms, send them your pay slip and pay what is liable.
You then argue in court if necessary during Ancilary Relief for a decent share of the marital assets.
Well the courts (Judge) seemed to pretend that they had the authority to prevent an order for CM. Damn sick b’tards.
I can now say that this early warning will at least now ensure that I have an argument for 50%. Not that i hear that many NRP get it.
Thanks for the advice though.
You may have misunderstood the judge.
The courts no longer have the power to order CM where the CSA is able to enforce it. This means that the courts can only set CM where either parent resides outside the UK or in respect of earnings that are in excess of the CSA cap.
by definition therefore, if the courts cannot order CM they cannot order an offset of assets in lieu of CM.
You are probably correct, you wont get 50%. The residential needs of the child come first and by that the PWC in default. How you accomodate the child is secondary to the courts. It can be a complicated process though.
Don't let the SS grind you down they pray on people they think won't stand up to them never talk on the phone with them. Get it all in black and white sooner or later they will be seen for what they are I have had it for over 3 years now lost my house and don't get to see my kids. But never never give up to them. Good luck mate
Failure to comply with CSA is not a criminal offence – so you cannot be arrested! Speak to your MP as soon as possible to investigate on your behalf…. CSA are pricks and do not listen tothe everyday person, however shit themselves when an MP writes in cos they hold the purse strings. I have dealt with CSA for a few years now, at one point having been threatened and intimidated as well, keep going but do not talk t them over the phone as they twist things and lie just to ht their targets.
I AM IN SUPPORT IN FARTHERS NEED CONTACT TO SEE THEIR CHILDREN UNLESS THAT PERSON IS AT A SIGNIFICANT RISK TO A CHILD.
I AGREE THE FAMILY LAW ACT NEEDS UPDATING, I BELIVE BOTH PARTIES SHOULD HAVE 50 50 RESIDANCE , AS IT WOULD BE IN THE CHILD’S BEST INTEREST.
CALL ME MY BUSINESS IS COUNTY COURT SUPPORT CHILD CONTACT ISSUES AND DEFENDING OFF THE C.S.A. ALSO I ENFORCE DEBT SO I KNOW WHAT IS AROUND THE CORNER’ .
ALSO DEFENDING OFF THE BAILIFF. CALL ME.
WILSON GOULD , QAULIFICATION O.F.T. EXAMINATION. CALL ME NOW HERE TO HELP ON 01609 883006 . KEEP DEFENDING YOUR SELF.