A way to get out of CSA’s grasp

October 20, 2014

It is possible to write off arrears and to part pay both the PWC and the Secretary of State arrears. This is my update to help others after everyone helped so much with my previous post.

On 10.12.12 child support legislation introduced the Part Payment option, which allows parents to make a Full and Final settlement of any outstanding debt, and for the first time provides the Agency with the legal power to write off debt rather than just suspending it and collecting it in years to come.

This is in accordance with section 32 & 33 of the Child Maintenance and Other Payments Act.

You can do this in 2 ways. Make an overall offer to CSA and they deal with the PWC, or go direct to the PWC and make an offer in Full & Final Satisfaction. Obviously some people cannot do this due to the relationship breakdown so use the CSA with an overall offer- but ……If you can and you have trust, here’s what to do :

The PWC needs to sign a declaration CSF1650 form agreeing to write off (not suspend , this can be reinstated) all arrears owed to them. 30 days cooling off period begins , explained on a CSF1652 letter. If noone changes their mind the arrears are confirmed as permanently removed from the system with a CSF1656 letter.

Then make your part payment offer in writing ,recorded delivery to SOS arrears. A CSF1673 will be sent out for the NRP to sign and states when and how much will be paid in F&FS.

I was not sure whether the SOS arrears could be negotiated with a part payment but it can. When paying the PWC the lump sum settlement, draw up a receipt for both of your records. Even though the arrears cannot be reinstated as they can be if the debt is only suspended- its an agreement in writing nevertheless. Keep bombarding them to deal with this in writing , recorded delivery as they have took months to send out the relevant documentation when it should have been two or three months start to finish.

I hope this helps others as its been a long journey for my friends and they are finally using a Private Agreement and all parties are happier than they were whilst caught up in CSA Hell!!

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