Non-payment of maintenance

January 31, 2012

Because my ex-husband is self-employed the CSA as was proved unable to set a realistic maintenance amount or enforce the one it did set. So I did not even receive the £5 per week the CSA determined was the amount he was required to pay.

In reality his earnings were not being fully taken into account as he did not complete tax returns and his life style was evidence of that. However, whenever I have sought support from CSA I have been told that it would be up to me to provide them with evidence of his circumstances. This was not possible, not least because he lived on the other side of the country, but also because as the resident parent of 2 young children and having to work more hours to compensate for the lack of maintenance, I did not have the time to pursue the matter!

The most bitter part of this pill to swallow (apart from watching my children go without things I would have wished for them) is that he is able to take me to court to ensure his right to access to his children, even though this is not denied him, whereas I have no recourse to the courts vis a vis maintenance!!!

I think both matters should be overseen by the courts and further more, I think access should be dependant upon sharing some financial parental responsibility.

Comments

  • Brian says:

    And can see why men have an even BIGGER Pill to swallow! its that very thought you have of using your kids as a “Control Tool” that is disgraceful.

    So you place what I call a “Access Toll” on your kids. You can read loads of posts of good men paying through the nose for what??? nothing. Bitter women destroy lives with this horrible aspect of breaking up with ex’s.

    “I think access should be dependant upon sharing some financial parental responsibility.

    Shame women have to use the “Denying Access” beating stick and they do! all the time. Hence why fathers and men are crucified both emotionally and financially by this action.

    Brian

  • chall says:

    Jo,

    Why have the agency not pursued the amount it calculated?
    Does your OH own a LTD company?

    If he is really earning so little from his SE, have you asked the CSA to include any WTC he may receive and CTC if any children reside in the same household?

    You don’t say how long ago it was since the agency checked with HMRC regarding your ex’s Tax returns, may be worth asking for them to re check and asking for them to gain up to date info.

    If you appeal re Lifestyle inconsistent with income, then yes the agency do expect you to supply proof.

    Does your ex maintain contact with the children?

    chall ~ afairercsaforall

  • karen bedford says:

    Yes this is the problem I had and the CSA know that the only way you can produce this is breaking the data protection act – so they think that will stop them having to do anything. But you need to get the Criminal Compliance Unit involved – who work with the credit ref agencies and can find out bank accounts, etc but you do need to have some info to give them (bank account details – past / present – NI no, if you know of any loans/credit cards and details they have/had) they found out how much my ex had lied and his 5 bank accounts and savings of £25k and earning £38k+ instead of him saying he only earn’t £17k! Ignore the other NRP who think that they are so hard done by – yes they might be – because they are paying for the NRP who dont pay but they direct this anger at the PWC – I know there are many NRP who pay/support their children and I dont put everyone in the same category as my ex – need to get things in perspective! You dont find the PWC moaning about other NRP only the one they have to deal with – who doesnt pay – yes there are PWC who also ‘play the system’ and I dont like them people – like my ex’s – ex girlfriends who have had kids and I – through my income tax – like everyone else who pays – has to support them – as they rely on benefits and have no interest in working or support themselves or their children. Please join the Facebook groups Child Support Agencies Failings and others for advice and support.

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