CSA waited two years before asking for payments

January 8, 2012

I have just received letters from the CSA two years after my ex-partner made the claim. Bearing in mind that I have phoned them and begged them to set the payments up several times.

Relations between me an my ex-became strained in August 2010. Argument’s about money were getting bad, so I told her she was been unreasonable go to the CSA. So on 18.10.2010 she phoned them an started a claim.I was expecting a call within days. My God was I wrong. Weeks an weeks slipped bye an I really started to worry. I had heard horror stories about massive back payments people have been slammed with, so I got on the phone. Spoke to them and they first said that they were getting in contact with my employer to take payments directly out of my wage. I was outraged. How the hell can they do that without first contacting me to ask me to arrange some sort of payment first? This did not seem justifiable at all. They have said that they have been trying to take money from my previous employer an have had difficulty.

I said that’s not my fault and they should put payments in place so I don’t get in arrears but they told me they couldn’t do that. I said tell me how much I should pay so I can put aside the money. They said they couldn’t tell me until they hear from my previous employer.
That was years ago.

Now I have just received two letters from them on the 09/02/2011.

One is asking me for a weekly payment which in no way reflects my income. And another letter demanding back payments.

How can I be in arrears and eligible to pay them a back payment, when I was never asked for the money or given an opportunity to pay in the first place?

It just does not make sense at all.

I have phoned them an told them where I work, addresses and contact details but they just seem incapable of getting my claim started.

If I had received a letter asking me to pay the week after the ex made the claim. I would have been paying.

This is a ridiculous situation. The level of incompetence is staggering. The thought that these people can dip into your wage packet and take whatever amount they deem fitting without your consent is VERY VERY FRIGHTENING.

I have had contact with a solicitor but would be very keen to hear from your legal experts please.

Comments

  • chall says:

    Hi Paul,

    As you were aware your ex contacted the CSA on 18.10.2010, have you paid any child support directly to her since then OR continued to wait to hear from the agency?

    A case commences when the agency first makes contact with the non resident parent, either by phone OR by letter to a confident address.
    Initially, you need to find out when your case commenced and what the agency are considering their first contact with you.

    When did you first phone the CSA regarding the case?

    Lots of cases are subjected to arrears because of CSA delays.
    There is an online calculator available to roughly calculate maintenance liability. As you knew the agency were involved you could have either made some payment to the PWC which was clearly identifiable as child support OR put some money to one side to assist with satisfying any arrears which may occur.

    Once the CSA are involved, it is the responsibility of the NRP to notify the agency of changes to their circumstances, which would trigger a re assessment, regardless of whether an initial calculation has taken place or not.
    If the NRP has failed to notify at the time of a change ie reduction of income, then it will not usually be backdated.

    chall ~ afairercsaforall

  • Paul Gibbons says:

    I did not pay money to her because that would defeat the point of getting the Csa involved in the first place. I told her to go to the csa to avoid arguments on the doorstep about money.that was causing friction between us. I have contacted the csa on a number of occasions to change my address.an my employers details. I asked them how much i should have be putting aside and they could not tell me.what more could i doo ?

  • chall says:

    The agency are well renowned for delays, you “had heard horror stories about massive back payments people have been slammed with”… Indeed many NRP’s have been stung with such.

    You were in a much better position than a lot of NRP’s, who have no idea arrears may be accruing, as you were aware your ex contact the CSA.

    If you didn’t realise/ were not informed that CS2 liability for 1 qualifying child is 15% of your income, less any over night stays etc, you did know the amount you contributed to your ex direct prior to CSA involvement and could have put the same to one side ready for when the dreaded brown envelope dropped through your door, it may or may not have been enough to cover arrears, but I assume it would have helped.

    chall ~ afairercsaforall

  • Paul Gibbons says:

    My exparrtner contacted them and gave them my name, address, phone number and current employer in august 2010 ive just recieved my first request for money in the last two weeks december 2012. im not sure hhow you can defend that level of incompitance. Beleive me surei have begged them to put payments in place on the phone.

  • Paul Gibbons says:

    I had heard lots of conflicting storys about what the csa take from you .off friends my ex when she threatened me with them. Thats right there such a fair an unbiast organisation that jilted ladys like to threaten there former partners with the financal crusifiction which is the csa. I think its totally wrong that a goverment organisation has that reputation in the first place. A weapon. With which to threaten an black mail hapless dads.its worth mentioning that i have maintained great contact my kids and spent lots of money looking after them.my kids are well worth paying for but i don’t trust the csa to facilitate itfor me. Its not the expense people shouuld worry about. Its theincompitance of thhe system.

  • chall says:

    You replied to my post and asked “what more could i doo ?”. My reply did not constitute defence for the agency, but offered reply to your question, based on the contents of your posts ie;
    You told your ex to contact the CSA. She did on 18.10.2010. You stopped paying CS to your ex whilst waiting for the CSA. You made contact with the CSA knowing the case existed. The CSA couldn’t give you figure/set up payments at that time. You received 2 letters on 09/02/2011 (4 mths after your ex contacted the agency), 1 for weekly payments & 1 for back payment. The CSA have approached your employer to obtain payment direct from your wages.

    Whilst you have been waiting since October 2010 to have CS sorted out, so has your ex. I am pleased to read you have maintained great contact with your children and your ex hasn’t used contact as a weapon.

    FYI, there’s no point making seeping statements, there’s good and bad on both sides of the fence, regardless of whether male, female, NRP or PWC. The agency are completely unbiased and just as capable of showing their incompetence.

    chall ~ afairercsaforall

  • Paul Gibbons says:

    I disagree about been unbais entirely. The CSA are founded on old fasioned family principles that daddy pays the bills, rent an morgage etc. An mummy does all the child raising. Jobs just don’t pay enough for farthers to live up to that responsability anymore. If you lookk at morgages and rent levels today. They would take the income of two people to pay them off. Dad is leftt to pay rent, council tax, income tax, water, electric,gas. Food then -35% to the csa. Come on? Tell me that’s fair. The human situation the father is left in is NOT considered at all and that is bias.. compared to mummy who gets rent paid. Council tax paid. Income support .child benefit. Child maintainance. Even free milk. – I consider myself to be in a good job with pay above average but when I am quartered by the csa I will be mathamaticly fucked. It won’t be worth going to work. It may well be payying for my kids a better life but I would need to do 50+ hours a week. And would rarely see them. That fair is it? – making policys to help single mums sounds a lot better to the electorate than helping to stop single farthers slip into the abyss of depression and giving them a reason to work.

  • Paul Gibbons says:

    Anyway I digress. . . Lol

  • chall says:

    Paul,

    Your going off on a bit of a tangent from your original query..

    I stated the agency are unbiased when incompetence is involved, you appear under the misconception that only dads fall foul of the agency and CS legislation.
    Not sure where the 35% that you quote is from, unless you are including arrears and is totally unfair if a NRP has NO idea they are accruing.

    I am joint founder of afairercsaforall, which we created 4+ yrs ago – I am well aware and have assisted parents, both NRP & PWC, with their issues.

    chall ~ afairercsaforall

  • Paul Gibbons says:

    I’m very interested to hear more about afairercsaforall. As you can see I have some thoughts on the mater. I fear I haven’t explained my own situation clearly enough. I am accutely aware that not only dads fall foul of the csa’s incompitance. But like I said earlier I don’t think enough thought is given to the mess fathers are left in after a family break up. Who champions them ? How many comit suicide? Leave there jobs cause they can’t afford to keep working? – the CSA. as it stands is not fit for perpose and is damaging people and wrecking peoples lives. What alternatives have been presented to the goverment ? The goverment has acknowledged that it is not fit to do its job.

  • chall says:

    Paul,

    The internet is a wealth of knowledge, for those that take the time to look…
    Some advice obtainable is correct and helpful. Other advice can be sketchy or the result of bitter personal experience.

    It’s been well publicised over the years the CSA has proven unfit for purpose.
    For this reason, it is in the interests of both NRP’s & PWC alike to be pro active with their cases. Some parents seem more interested in point scoring, rather than taking a bit of responsibility and in such cases their children can end up being the true victims.

    Until members of anti CSA groups (NRP & PWC) can unite together, stop fighting against each other and respect the others plight is no less of a headache or importance than their own, they will not be in a good position to lobby for change or be listened to.

    afairercsaforall offers free help and advice to ALL parents and their partners. We do not advocate non payment of maintenance and will not assist in such.

    chall ~ afairercsaforall

  • chall says:

    – to add,

    Neither do we advocate non contact, unless there is a good reason.

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