New Rules for Arrears

July 25, 2008

I recently contacted the CSA to advise them that my circumstances had changed and that i had a new daughter with my new partner and that i thought this may effect the payments i have been paying for a duagther from a previous relationship.

I had been paying £119.00 a month with a further £25.00 being paid towards arrears which amount to £6,700 pounds. I had up until this point been making monthly payments with missing any for the past 8 years. My daughter is 17 and a half years. Now although i know i had to pay my arrears i have been paying the amount the csa advised me to pay and have never missed a payment in all this time.

After the change was notified to them they put my payments down to £7.71 a week for regular payments and a further £7.72 a week for the arrears. This was all ok’d towards the end of may but because the cutoff date for payments had passed i ended up paying another month at £144.00. My payment was then put down to the new amount for June, in the mean time my ex wife asked the csa to reassess the case.

I was sent a letter asking me for 2 recent payslips and also my mortgage payment details. They said i had 14 days to do this. I sent all the info for them and have just received details of my new payments. My wages have risen by £70.00 a week since i last provided them with wage details 4 years ago so i knew my payments would rise slightly but the new schedule is asking for £42.00 a week which does not include any arrears payments.

While all this is going on i also received a letter from their debt department saying the arrears agreement was not good enough and that because the debt would not be paid of in 2 years they would be seeking a liability order from the court so as to be able to take further action. I phoned and tried to tell them that since the debt department letter had been written i had been reassessed and my payments had risen to £168.00 a month and that i would be willing to pay a further £32.00 a month for the arrears. I also explained that when my regular csa payments cease in 17 months when my daughter reaches 19 that i would be willing to then increase these payments. This was still not good enough for them and i was told unless i could pay back or reach an agreement to clear the arrears they would seek the liability order.

I then asked if this was the same as a CCJ and would it effect my credit rating which at the moment is good. They said it wouldn’t and that it just meant they could pass the debt to their bailiffs. So although I’m willing to pay what i can afford and have not missed a payment for nearly nine years I’m stilling going to have to go to court and end up dealing with a bailiff. Is there anybody else in this boat? This all because the CSA have been instructed to try to recover all outstanding debts and arrears within 2 years. This is probably because of all the bad press they received a few months ago about their performance and now its us that are going to pay for it.

Comments

  • csa-hell says:

    Yet again this is just another example of the Child Support Agency not giving a damn about the children. All they are interested in is getting the money in and to hell with the hardship it is going to cause. To the CSA you are an easy target, someone they believe they can get more out of. When they should be targeting the scumbag fathers who don’t care or pay for their children it is the likes of you and me that suffer.

  • Steve Smith says:

    I’m in a similar sort of situation as I have just received a letter from the csa saying that I don’t pay enough on the arrears that I owe (again due to csa cock -ups) . I’ve always paid what I’ve been asked for & until now the amount set has been ok, but i’m now faced with having to pay it all off within a two year period. After a little research on various websites it would appear that the two year rule is a guideline rather than a law & doesn’t stand up in court, so I’m considering telling the csa where to stuff their two years. Just waiting to hear the legal position from the citizens advice bereau & a couple of other avenues before making a decision…….

  • jeff says:

    the CSA is legalised theft.. the government should hang their heads in shame.. the only thing i ever did wrong.. was to work night shifts , so my ‘wife’ could have an affair..i lost my house, (that i worked for) and now my kids.. ( she has brainwashed them against me)… imagine Tony Blair or Gordon Brown paying child support for children their mother wont allow them to see.. as usual nothing is looked at with my current families needs in mind..thats not supporting children at all.. its govt abuse.

  • Paul says:

    These new ‘rules’ about arrears are utterly inhuman. I owe about £12,000, an amount accrued in no small part, by the failure of the CSA to properly deal with my case over a number of years.

    I have agreed a monthly payment with them, and I have faithfully paid the agreed amount, on the relevant date, every month since. I have REFUSED to pay by standing order, which appears to have riled them, though the payment has NEVER been late.

    I have now received a letter saying that the whole amount is now due, and that failure to stump up the money will result in a liability order being issued at the Magistrates Court, and the possibility of bailiffs being employed to recover goods to the amount of the outstanding sum.

    I simply do not have that sum of money available, and I am not in a position to borrow, or otherwise obtain such a sum.

    Does anyone know what my legal position is? Having agreed a payment plan, what rights do I have, if the circumstances remain unchanged, yet they choose, without good reason, to alter the arrangement without consultation?

    It’s reminiscent of Kazakhstan, never mind 21st century England.

  • christine hammond says:

    my comment is to jeff, im sorry your ‘wife’ did what she did but not all women are like her. although i left my now ex husband, i hadnt had an affair, i moved out of our house with the children. he stopped paying the mortgage, went to live and work in germany and has never paid any child support. the house was repossesed and i had the downfall to pay when it was sold at auction. im still fighting the csa but as he is over there and they have no jurastiction im fighting a losing battle. my eldest is now 19 so he has been written off by them and although my youngest is only 13 the case has been closed. he has never tried to see his sons, never sent birthday or christmas cards, so while you hate them ofr what they are doing to you, please try to see it from my side.

  • zx122003 says:

    Ha you still winging about your ex taking off to Germany.? He has done the sensible thing. Ask your self a few questions. 1. If he still lived in this country would he be paying 40% tax on his earnings? 2. After he has paid the 40% tax and is then asked for an additional 15% would he have enough money left to have any kind of life of his own? 3. How badly off are you. You don’t need to pay for your own house, you don’t need to pay council tax, you get child allowance, you are about to receive free central heating bills, you already get free school dinners and to top it all off. Ask your self. How many days have I worked? And how much of my salary have I already contributed to this government.?

    On that subject. Do you know the government of this country is actually handing out child allowance to immigrants whos children don’t even live here.! Oh with the free dental health, health care and all the other thing’s that the people who do work in this country pay for.
    I would say to any father in this country that does not have contact with there kids to go and work abroad. Get out of the CSA system, stick the money in an account for your child and hand it to them at a date in the future. At least that way the idiots in our government don’t get it to pay for there second home in London or Edinburgh.

  • lc says:

    zx122003

    i could not agree with you more my husband & i are thinking of going to live abroad to get away from this nightmare the csa have put us in & the scounging ex he as, we are fed up of going to work only to have nearly £400 a month taken from his wages, you get so fed up hearing the women on this site moaning … my ex as done this my ex as a big house & car, so what hes worked for it why shouldnt he have these things ? CANT HE HAVE A LIFE???
    the moaning winging women that are so hard done too (NOT) do the men get half of the family allowance for his children ? NO.. does he get half of the child tax credits ? NO.. you all do if you want whats best for your kids then get a job or a better paid job and stop expecting your ex to keep you as well as the children .from LORRAINE

  • Trudi Smith says:

    Well said Lorraine… To many Women see there exes as a meal tickets. I have 3 children and have never received a penny for any of them. I work full time,and brought my own house. I have not had help from anyone.. when my children go to there dads he supports them , when there with me i support them .. I think the majority of men are treat appallingly by the c.s.a ..Trudi

  • Ian Harvey says:

    I have been paying since I recieved the order from them. I havent missed a payment. They said that I had arrears from 1997. I said how was this when I have been paying direct from my wages since before then. They then said “we have worked out you owe £3000. We are going to take it from your wages up to your protected earnings.”. This made me bankrupt and I lost everything.

  • steve says:

    i have also been paying every month wot the csa has asked of me, going on there frequent assessments, in 2007 they informed me i had made an over payment and did i wish to claim it back, obv i said no as it would be more hassle than its worth, amazingly even though my circumstances hadnt changed in 2008 they informed me i had amassed £7500 in arrears, went to a solicitor to seek advice and with my permission he wrote to them asking to explain this arrears, they didnt reply and i heard nothing back at that time, later that year i lost my buisiness with rescession hitting hard and found a job working away, from my new wife and baby which was really hard, my payments went up again to £300 a month which i kept paying, i sadly lost my job after a 9 month contract ended but was gratefull all the same, i had to claim for the 1st time in my life and 6 months of unemployment followed ,, the csa took £5 a week off our benefits during this time, in sept 2009 i found a local job, part time self employed and my payments went to £20 aweek, eventually i was assessed again and regular payments were made at £120 a month, now i have been asked to pay an xtra £144 a month in arrears again,, baring in mind they never explained how these were made up from or replied to that solicitors letter he sent in 2008, i appealed ther descision on there web site and they sent an email back to say they had recieved this complaint,,
    last monday i had another letter, this one from csa belfast informing me i was to continue with my regular payments of £86pm and there were no arrears showing in the arrears section???? (w.t.f? i pay £120 a month anyway), 3 days later csa in crewe send me a letter saying im £11500 in arrears, Been to the solicitors again and he”s at a complete loss as to understand wot is going on and could only write them again, they didnt answer last time though so im not holding my breath,,, wot is really worrying is can they put an order against our home , can i put the house in my wifes name?? this is causing a massive strain on my marriage and all though it is my problem, my wife is innoccent of any thing that i am responsible for..
    If i could make the arrears payments obv i would have to find a 2nd job or more work in my trade which is scarce anyway, this in turn would put my income up and next year i would be assessed at a greater rate again, catch 22, any help or ideas people im desperate…..

  • Ken Harvey says:

    At what point if any does the arrears become Statute barred due to collection of debts exceeding a 6 year perod?

  • joe murphy says:

    im sick of the fucking wankers £250 a month i pay and my ex could lift the phone and get it reduced but the smell bag wont do it fucking bitch

  • mike says:

    years age i payed my ex voluntary payments (trying to do the right thing), she lied to the csa about how much i was giving her, wheres her punishment.

    I know it sounds extreme but when i was in the army i would have died defending this country, now id walk out and leave it burning, let the women fight.

  • Nicholas Paul says:

    I would just like to say i am not the perfect dad and there have been times i havent paid CSA but this is only due to it taking to long for them to process it or that i never agreed to amount i should pay as they did not have the right amount of my wages. I now have all of my kids living with me as my ex has lived with abusive boyfriends. I recieve no money from my ex as she gave up her job so as to not pay and lives off her boyfriends money. I am now paying deductions of earnings which is always wrong and never what the csa agree to take and when i ask for it back they say it cannot be returned as it is paying my arrears which was on the old unfair system. Where is the justice in the world.

  • cindy wilson says:

    I think the csa is a total arse. And i am a woman . whats up with you woman out there. still need someone to lean on. shame on you.!!!!! I have children and do not want any money from their father as he has another life and so do I. He takes them out , buys them things and if he had to pay then all this would stop. some women out there use this as a meal ticket and usually get less . GREED. comes to mind. yes there are men out there who dont give a damn , well I have only two things to say,,,,,,,,,,,,,,,,,,,,,,,,use a condom ( men , dont believe a woman who says she is on the pill) and women,,,,,,,,,,,,,,, keep your fxxxxxg legs shut.

  • Joe says:

    Sounds all too familiar, I’m in exactly the same situation.. The CSA wrote to me to tell me I had arrears of £14000 which I have been trying to pay off alongside my normal monthy assessment, they’ve now told me that actually the arrears are £21000 because their system didn’t charge from 2001 – 2003!! They slapped a detachment of earnings on me and leaving me with just enough money to cover my rent and council tax. I can no longer afford to travel to work, so it’s likely i’m going to lose my job or have to resign before it gets to that point. Where do I go from there? Clearly with no job, the government are then going to have to pay me to survive, whilst I also try to claim council tax benefit, etc. Where is the sense in this?

    If they left me to pay what I was paying before the DoE, I could still afford to look after myself, travel to work, feed myself etc and pay the monthtly assessment and arrears but no, the CSA would rather put me in a position where I lose my job and have to resort to scrounging off the government to survive! Absolutely makes no sense whatsoever!! And not something I want to do as a normal respectable, independant human being!

    It would appear from my situation and from reading all of yours, that those of us who do pay each month and stick to our arrangements are the ones who end up being completely shafted continuously by the CSA shower of complete *****!!!

  • Michael Young says:

    Years ago I went to court to try and fight the CSA as I walked into the court room the judge said to me before I even sat down in the chair, we are not hear to discuss how much you pay we are not interested all we care about is that you pay
    This set the tone for the whole meeting, I felt like a small pea that was just trodden on, my ex told the CSA I owed her 16,000 there are no checks on this she is just taken at her Word and men are just supposed to pay , talk about f***ing meal tickets or What !!!!!!!!!!

    I am now paying 87 pound a month regardless of if I can feed and clothe myself but What is most annoying is that I have zero contact with my daighter she has had a phone since she was 8 years old and she has been brain washed not to give me the number so I cant speak to her.

    Until the CSA sort out the issue of contact they are complete scumbags in my book
    most men would happily pay if they can see there kids but to pay without seeing your kids is like having a bank loan for a car that you can never see and cant drive
    its so disgusting I can understand exactly why some men cant take it and they just commit suicide as the only way out

    From What I can see here the only solution is to go and live abroad and say
    to hell with the whole thing

    no doubt in the future my daughter will turn up on good morning britain and tell Piers, Lorraine and whoever else that my dad was never there for me, What a complete and utter disgrace the CSA is

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