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CSA took ex to court for money, but I still don’t get any

November 17, 2012

My involvement with the csa has been over the last 4 yrs. my sons absent father has been able to by pass attachment to earnings over & over again. He sees his son. He has access to his son every other wk end as well as 1evening a week.

I have never stopped access even though trying to get regular mate nance payments from him have been unsuccessfully . The CSA have sent compliant officer to his home, but guess what his not available even when they have made an appointment for him to be in. He lives with his partner & her 2 children.

But tells the CSA that he lives at his mums. & his mother covers this story for him. He has recently been sent to court by the inforcement team by the CSA in August. The court case went in my favour. & yet I am still not in receipt of regular payments. Can you help me with all this? Cos the CSA definately are not.

Valerie

Written by Valerie Bale · Filed Under CSA Advice 

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Comments

  • wilf says:
    November 17, 2012 at 11:39 pm

    From initial application to court in 4 years. The CSA are certainly dragging their heels. I suggest you close your case and nothing more to do with them.

  • karen bedford says:
    November 18, 2012 at 8:33 am

    I suggest you dont close your case, but make an appeal for inconsistent lifestyle and then he will have to go to a tribunal and show bank statements, etc. This takes a while now so need to get going on this asap. Good Luck. Please join the facebook groups Child Support Agencies Failings and other groups for advice and support.

  • chall says:
    November 18, 2012 at 8:53 am

    Valerie,

    Without knowing details, it’s impossible to state whether the CSA have ‘dragged their heals’ with your case or not…
    Eventually, and all cases are different, the CSA will quite possibly catch up with your ex (or his bank account) and he will have no choice but to settle the arrears he has allowed to accrue.

    If you have not done so already, I would certainly escalate your case to a concise and clearly marked complaint. Copy in your local MP, keep copies of everything and post signed for.

    All to often, PWC get roasted by others if child contact is allowed to break down with the other parent. You have my full respect for not obstructing your sons contact with his dad.

    It can be frustrating dealing with the CSA, but keep at them.

    chall ~ afairercsaforall

  • Carol says:
    November 18, 2012 at 9:43 am

    If you withdraw your claim you won’t get anything at all so if you want maintenance at any time in the future keep your claim in. Do the CSA currently have an assessment in place? If they do arrears will be accruing and as chall says at some point in time the CSA will catch up.

    Write a letter of complaint to get answers to what is going on. Also get your MP involved, then you will have one contact within the Agency to deal with.

  • Alice says:
    November 19, 2012 at 11:04 pm

    if the CSA have taken the case to court and a liability order has been granted then this basically registers the debt as legal, unfortunately it does not guarantee immediate payment of the debt in full or even part.

    In order for the CSA to be able to get money the NRP needs to have something that will generate a payment – whether this be by forcing the sale of a property or a savings account with money in it etc.

    If your ex partner lives in England then baliff action can be taken, but if he lives in Scotland.

    Sadly if your ex does not have assets then the old saying of blood and stone comes into the equation – and I do not mean to sound flippant when I say that, I understand the frustration this must be causing you and like Chall I respect you for not stopping access due to non payment of maintenance, clearly you are being fair to both your child and your ex in promoting a relationship between them whilst there is the ongoing battle to obtain financial support from your ex.
    If the CSA have taken the legal course and obtained a Liability Order then they will have tried several different ways of securing payments for you in the past -the cost of taking a case to Liability Order stage is high and as such many other enforcement action will be attempted first.

    If you close your case you can still ask the CSA to continue to try to collect the arrears but the ongoing liability will stop.

    You comment that your ex has managed to bypass a Deduction of Earnings Order over and over indicates to me that he may be constantly changing his job as soon as the CSA find a new employer, if he has been identified as a persistent job-hopper this makes imposing a DEO futile and as such it would be referred to the Liability Order section.

    good luck in getting your payments

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