Being forced into bankrupty by CSA
Hi, I’ve recently been hit with a CSA claim for a child I had, during a 2 week period period of casual sex with her mother. The child is almost 13 years old already, and it was decided by the mother that she would raise her on her own, and never she would never ask for me for money. I’m not 100% sure the child is mine, and have now been trying to get the CSA to arrange a paternity test to prove this. They are very unhelpful, telling me I need to arrange this with the mother. She is not returning any of my calls, and I’m at a loss as to how to go about this.
I’m also contesting the claim, as I cannot afford to pay the amount they want. I was recently made redundant, but was luckly enough to find a new job, but it is paying alot less, so have been struggling for the last year and a half, trying to pay the mortgage, to keep a roof over my head, and that of my family. I have a 7 year old son, and my girlfriend is expecting our 2nd baby this Friday. I have explained all this to the CSA, and they won’t listen.
If they force me to pay, I will be left with no alternative but to declare myself bankrupt, as I don’t enough earnings to cover the claim, nor my regular direct debits, never mind buying groceries, or paying for fuel to get me to work and back. My pleas fall on deaf ears, and all they say is that they will reposses my house?? It’s hard to believe that they can throw someone out on to the street with 2 children, just for the sake of another. I’m in a small 2 bedroom flat, with soon to be 2 children, and am told to downsize??? Yet the mother is living it large, just the 2 of them in a lovely 3 bedroomed house. Is this possible in a first world country? I’m suffering from negative equity, and so selling the flat would leave me owing the bank thousands. I will go from being a contributor to the states coffers, to being someone who relies on benefits, is this what the government wants? I don’t think so?
Is there anything I can do? Please help?
Thanks and regards
18 thoughts on “Being forced into bankrupty by CSA”
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If you request a DNA test. because the CSA is invoived then they have to arrange that. You of course have to pay for it but you get it back if you are not the father. They are not allowed to collect any CM until paternity is resolved.
There is no point in going bankrupt to avoid the CSA as CM liability is not included in dischargable debts!!!!!!
Bankruptcy will not cover maintenance due to a child so even if you were to go bankrupt you would still have to pay what they say (I am assuming new rules so a fixed % of your income?) and also the arrears from when the claim was put in. The new rules are such a unfair way of dealing with things and all I can suggest is talking to your local MP but to be honest, I dont think it will help. The new rules do not take into consideration any of your current living costs and maintenance rides high above any other prioity.I suggest following the DNA route and if your ex will not co-operate refuse to pay until parentage is confirmed.
They cannot take your house if you have children in the household and they should take your 7 year old son into account when assessing your maintenance so 15% should automatically be disregarded from your income for a child in the household. I know they cannot enforce a Charging Order to force you to sell your house either if there are children resident in the property as i asked if this could be considered against my ex partner as he owns property and had run up arrears over the years and was told that with his 2 young children in the house it was not enforceable. I hope this helps, have you sought legal advise?
I've already had to go bankrupt because of my ex…it aint fun!. and all they care about is making you homeless…being a bloke sucks. emigrate to a non remo country, or take her out!…prob cheaper in the long run.
As a nrp you are there to be abused by this abhorrent mess of an "agency".Quite simply fight the bastards, do NOT conform to there demands, complain about EVERYTHING appeal EVERYTHING, even when i win appeals i appeal that decision too :)The only way to rid the world of this disgusting child abusing mess is to fight them with there own administration, tie the bastards up in so much paperwork they can't operate !!!!!!!!!!!!!Anybody who co-operates with these animals is saying it is ok to abuse there children !!If we all fight these bastards they will have to fuck off !!!!!!!!
and tie up in phonecalls too…. just keep hounding them…. demand explanations, make sure u use a BT landline…. and as jem says… tie em up in paperwork….. they will demonstrate how inneffective and incompetent they really are and the taxpayer funds the CSA for their rediculous efforts to achieve the goal they wer put in place to do… however! they are really just an un-nessessary debt to the government and no one wants a system that creates un-nessessary debt to the either to the government or tax payer….always appeal…. keep em goin over and over it all again….
Allan the only thing i disagree with is phon calls, if they want to communicate with me it has to be in writing that way it is very time consuming for them and every letter they send you costs them £35 :)NEVER use the phone insist it is in writing they hate it 🙂
Not with me Jem – they insist on contacting me in writing and not using the phone… but then, I do record the calls and publish the best ones on YouTube 😉
I like to name and shame these incompetent fools at every opportunity on my facebook page :)With copies of the drivel they send me
Write to the CSA only, do not communicate with them by phone. Send all letters recorded delivery and cc. your MP.You have 2 dependent children so they will be taken into account for any assessment. Any CSA assessment will also only be live from when you are first contacted by CSA – either by phone or when the MEF form is posted to you.Also make a subject data access request under the data protection act for your personal information.You may end up going to Court for court-ordered paternity testing unless the ex agrees. Are you SURE it's your kid? Definitely go for the paternity testing to be sure. I would be suspicious. Why now? Money motivated.Also have a look over at NACSA (national association for child support action) and the free forum at A Fairer CSA For All… good luck.
tell them to go west.
My mate refused to pay until id of kid was confirmed.. demand paternity test, take her to court – then wade into the CSA – as has already been said – tie their arses up in paperwork, admin, demand access to information and record EVERY CALL – make sure you have them on the phone for ages too.. scandalous – as for your ex sadly typical of some out there – "owt for nowt" as we sya upt north. sad.
great advice…agreed!
dont let them wind you up , two kidds ! , no court in the land will see them homeless ,, TRUE .
Jem, I only ring to wind up whoever I'm talking at, (note not to) at the CSA…. nowt like creating the upset on the phone like they do with me…. It's just a simple wind up, they hang up, I get another tosser 2 wind up again…preferably the team leader as of late….. I enjoy my ranting… it is wonderfull 2 hear their voice change when they realise "IT's ME AGAIN"….. the frustration that puts their happy go lucky attitude is reduced to a "WHY ME, why do I have to end up answering these calls"….. especially when I can do my aggressive Mr Angry demands for answers in regards to their actions towards the children, PWC and NRP… when they start 2 stutter, that's when I start to stutter for method of embarrasment…I return with a "abdababbaaabdhtut!. It's simply a wind up moment for phonecalls and just knowing you've made their day a little tougher emotionally and physically by the change in their candour when responding during the call…. that's the delight of the phonecalls…. tie them up in any possible way with any achievements that cause them difficulty…. I help to end their day with exhaustion and emotional exhaustion is achievable by phone… only coz I aint got owt better to do with their time…. but its nice to hear them ready for closing time all wound up, exhausted and feeling they need to drink, hopefully into such a stupour that they damage their health and their relationship at home due to the excessive pressure I provide during my phonecalls…lol
No rest for the evil!!!!!! cause anxiety, depressionand ultimately exhaustion. the CSA's staff are there to be abused as they do to our children!!! Make them suffer as our children suffer!!!
How r they making u pay? Is it a DEO? or, just threats?Do not speak to them on the phone, unless it's to abuse them. All correspondence must be in writing! If they make a DEO then go straight to your local Magistrates Court and ask for it to be set aside unless they can prove paternity, that the amounts they r claiming r correct and that they are not complying with Section 2 of the Child Support Act – must take ALL children affected into consideration.
If you do go bankrupt then take time to protect any assets you have first. ie put into other peoples names, only those you can trust!CSA will ignore the bankruptcy saying that as it maintenance it doesn't fall under the bankruptcy rules. But depends on whether the money being taken is for her and the child or is being kept by them. Sorry – been there – done that.