Appeals against the Child Support Agency
November 14, 2010
I have three children with my x husband who at the time our case was opened was working in a well paid job, He then gave up this job ” for personal reasons” and went to work part time in his mistresses shop, he then stopped paying, He claimed he wasnt working enough hours to pay child support but his lifestyle… new cars… lap tops driving lessons , holidays etc were all obtained by him, so i appealed on lifestyle inco nsitant and the CSA agreed and gave him an amount to pay.. needless to say he didnt pay he has appealed to a tribunal now twise i was there with Mike Lightfoot from Child support services as my rep (this cost me a pretty penny) he was there with his mistress.
He lost this appeal and was ordered to pay and he made one payment the first in 7 years, he then appealed again and he also lost this appeal and was told in the appeal he had to pay 9,000 and to sell one of his houses so that he could pay off the debt he owed his mistress and also to pay the child support off and have some left over for him to love on.
Because the tribunal did not actually write on the decision notice “This is a statement of reasons why you lost the appeal” he then wrote to them asking for a statement and was then given another month in wich he could appeal! He has since appealed to the upper tier tribunal and was turned down!… great i think maybe at last i will get some money… no such luck he now has 18 months in wich he can appeal directly to the upper tier but im told this time he would have to pay.
My x husband knows that whildt there is an appeal they can not obtain a liability order to force him to pay. In the meantime ive stuggled and hes swanning around smug because hes not following the law and getting away with it. My x husband always waits till the last week in which he can appeal just to proling things as much as possible!
I dont feel the CSA have let me and my children down but i believe the laws of appeals have. One payment of £102.20 in seven years is terrible! where to go from here The CSA tell me they are taking him to court for a liability order on what they think is “safe debt” and even then thats not till January and could take six months or more to actually take some action… I will have grand children at this rate !
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This is the best post I have seen on here apt, concise and to the point!!
Tribunals – believe me they are a waste of time, had numerous over the years, won most but never got the money, my ex didnt bring the paperwork told to bring, didnt turn up at times, so would appeal against the appeal so they gave him the benefit of the doubt!! Im now waiting for the Upper ‘Tribunal to make a decision – still with the Judge, since Mar 09!! But we only get 3 months! One rule for one and one for another. Absolutely hopeless, please join the facebook groups Child support agencies failings and others, for free advice and support dont pay these organisations who dont and cant help money, Ive had people contact me to say thanks has helped either with knowing others going through the same things, took some of the advice and it helped and even a couple of people getting advance payments, not in the amount I got but at least it was something, so Im glad I and others have achieved this for people. Dont give up, lobby your mp make him work for his expenses!
The only way any maintenance system can work is where each case is looked at individually, in a meeting, and which takes into all the circumstances of both parties, including where the children are, the transport involved etc, etc. If it is to be Cmec or Csa then once the amount has been calculated/agreed the payment must be paid even if it hasn't been collected. It cannot be taken and kept by Cmec/Csa. The best answer is to scrap this completely incompetent system and return to a court based system that looks at all the details including the residence and contact arrangements, who's paying for what, school fees, clothes, food etc. In other words the best arrangement is where BOTH parents are looking after and providing for their chilkdren.
Assumed shared care and a proper system for dealing with separation, only resulting in court action where no further options exist. You should then have a body which will deal with the truly non compliant. We can dream….
I have re read this numerous time and this is still the best posting by far I have seen on here
Yet again, we see what a waste of space the CSA is! The entire matter should have been sorted out in Court when you got divorced. You don't say why the Court didn't order maintenance for you and the children at the time. But, for whatever reason, the decision was passed to a bureaucratic organisation that is only interested in the money it can obtain for itself. I thought the Court system was bad but the Csa is a hundred times worse!
What about the terrible situation my husband is in where his ex wife has engineered and manipulated the situation so that my husband sees his daughters less because she arranges social occasions for them to go to on his weekends, or just downright refuses to let them out of the house. She went to the CSA even though she had been receiving a regular amount by standing order, the CSA agreed to her being paid that way but haven’t bothered taking the direct debit from my husband, leaving him in arrears. He has now been told that since the children don’t stay with him (us) the requisite number of nights, he owes her more and that because he is in arrears (even though it is THEIR doing) they are going to apply for the money to be taking out of his wages. Surely this only applies to non-compliant fathers?
this situation is not of my husband’s doing,SHE was the one who had an affair and ended their marriage and SHE is the one stopping the girls from coming over when they are due and cannot even come on holiday with us which then FURTHER reduces the time they are spending with their dad, making him further in debt according to the CSA. How can this be right and fair? It’s not!! it’s making him stressed and ill as he isn’t and has never been a non-compliant father!
I should add that my husband often has to ring the CSA with his card details just to keep the arrears down a bit, even though it is their fault!