Can the CSA really force the sale of our property when we have a disabled child living with us?

August 19, 2013

Hi I have 2 enforcement for sale orders on my property for outstanding CSA payments.

I am trying to pay these off and its difficult to meet them some months.

However we are the parents of a disabled child who lives with us.

Can the CSA really force sale of our property when we have a disabled child living with us?

Please help
Thanks
Phil

Comments

  • rach says:

    hi first off the csa can only go for an order of sale through the courts! it will be down to the judge whether they win or not. now the judge will use the order of sale as a last resort so the fact that you are paying something will go in your favour xx. if you can have a list of incomings and outgoings ready to take with you then the judge will try to come to a reasonable payment plan with you whereby if payments are constantly missed then an order of sale would be allowed to go through so dont start panicking just yet , no judge is willingly going to make a child homeless unless there is absolutely no choice .

  • Kel says:

    Is there anyway you can take your name off the mortgage and just have your partners name on it? I’m sure that they can only take your assets and not your partners. Might be worth looking into if there’s a risk of losing your home. Write an appeals letter, if that don’t work speak to the ombudsman, then your MP. Don’t let them get away with it, it’s not fair! I wish you luck 🙂

  • rach says:

    kel that would be a very good idea but by the sounds of it they may have already applied for the liability order and then applied for the charging order and are now going for the actual order of sale . your idea of changing the names would only work if a liability order hasnt been granted 🙁

  • Sally says:

    @ kel, I was in the same situation as you and by sheer chance I found out (on this website) that the CSA can sell property in both names so we sold my flat and our joint house and bought a house in my name only… There is nothing they can do to me…. At that point there was no threat to us and the false arrears the claimed were reduced but we didn’t want to take that chance…

    Ad rach says, if the wheels are already in motion I am not sure what you can do.. Definitely speak with a solicitor and tell them you want to put your house in your parents name as security… It might work…

    I wish you all the best….

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