CSA waited for my court order to be 12 months old before unleashing hell

February 20, 2018

Since leaving the family home in 2010 when my wife made it unbearable to stay i maintained payments firstly direct into my wifes account and then to the csa for my 2 children, i have always paid what they asked for even though it was a struggle sometimes. In 2015 my wife then wanted to buy me out of my share of the house as she is with a new partner and wishes to remarry. I didnt have a problem with this as i would never live in the house again and after solicitors drew up paperwork i was offered a fifth of what i should have had, obviously i rejected the offer but then i was told that my ex could not afford anymore than half of what i should have had. I wrote back to her solicitor and said i would accept the offer as long as the claim for child maintenance was dropped. Yes i lost money on the house but at least i would see more of my wages every month. All the papers were signed and i received a cheque and my ex contacted csa to drop all claims. I myself phoned csa to put my mind at rest and asked them if i owed anything, they told me that i had actually overpaid and i would be due a rebate which i received. All was good, my ex had the house and i had more money in my pocket every month, everyone was happy.

Fast forward a year i receive a letter from the csa asking me for weekly amounts, i phoned them and told them i had a letter from court stating that no claim to be made to csa as part of the deal of the house, i sent them a copy of this but still they wanted money. I phoned them again and was told that the court order was over 12 months old and my ex can make another claim. To add salt to the wound they have also sent me a letter stating i have arrears of £1800. I asked them why is there arrears when only a year ago i had a rebate from them they responded that the arrears were from csa and the rebate was from child maintenance, a company that took over from csa.

I have reluctantly messaged my ex and told her that if she is desperate for cash we could set up something between us but ive had no response, i know that shes pretty well of, both work full time and both out every weekend so this is being done out of spite because ive since remarried and my 2 children with my ex get on really well with my wife and her children.

Researching the court order on google i find out that after 12 months of the court order being issued shes well within her rights to make another claim but all other aspects of the order remain. So i have lost money on my share of the house and now im back to a decision of wether its worth me working or not, obviously this is putting horrendous strain on my marriage so i could end up osing everything. How is this fair, any help would br gratefully received.

Comments

  • David says:

    Hi Steve

    Hopefully the agreement you had with your ex-partner was all put in writing? if she has reneged on it, you should be in the position to sue her in the County Court.

    Further, to be able to help you, I would like to have a further discussion about your child maintenance agreement with her. Generally, you cannot prevent a parent with care from making an application for child support.

    As you have made a number of agreements she has reneged on, there may be something you cam do about it. Get in touch with me straight away at [email protected]

    Regards
    David

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