CSA wrote to my ex telling her what I said in haste about my son

January 6, 2013

I have a son born in 1996 that I have been paying CSA for since 1997. I am on the ‘old rules’ and have paid in excess of £60,000 to the CSA in that time. Over the course of those years my nett income before CSA deductions is £150,000.

The CSA has consistently taken the maximum 40% of my take home pay for 15 years and now into the 16th year on a son my ex-wife stopped me from seeing 9 years ago.

I have an identical twin brother who is on the ‘new scheme’ and is paying 20% of his take home pay for 2 children under 10 yo, which works out at £360/Month (the same amount as myself yet he earns 10K a year more than I do and is paying for 2!) how can this be legal under section 14 of the Human rights Act?

Also, can anyone advise me on the legalities of this… I informed the CSA after one particularly ridiculous assessment that they were making me resent ever having had my son. They then wrote to my ex-wife telling them what I said and my ex-wife used that information as the basis to withhold contact, were the CSA actions legal?

Under the old rules I thought my payments would cease when the ‘child’ turned 16 however my ex-wife claims he is remaining in education but will not reveal details of the coursework or the school/college he is supposed to be attending, I cannot afford a solicitor or a private detective and have lived in poverty with my new wife and son for over 7 years now whilst continuing to be bled dry by the CSA.

Comments

  • wilf says:

    On the old system old rules the maximum assessment for maintenance contribution is 30% of net income.

  • John says:

    I too have been embroiled in the ‘not fit for purpose’, ‘shambles’ for 13 years and have paid around £43,000 in that time.

    If you have the money, by all means run a legal challenge.

    The CSA have recently been defeated in the courts for sending people to prison without allowing them to be tried by a jury of their peers……….corrupt bastards!

    My only suggestion would be for you to complan to the ICE on the grounds of maladministration, due to a ‘wrong assessment’. They will look at your income and assess you. At least this way you would have had your payment double checked.

    My case was sent onto the PHSO (Ombudsman), by my M.P. on the grounds of serious and continued maladministration, where the CSA repeatedly botched my case up. Needless to say that collusion and corruption won the day, and the PHSO did fook all!

  • Craig Lamont says:

    @Wilf My ex-wife has successfully gained departure notices on every assessment the CSA have made on my income which has taken my payments to 40% of my take home pay. I have not been asked for any information to refute these ‘departure notices’ so haven’t got a clue how she has managed to obtain them or on what criteria.

  • kate says:

    well my husband as paid around 60k in the last 10 years its a joke he works to pay csa to mother of his kids who are on every bennifit going gets her rent and council tax paid for her its awfull iv told him to give up work we will be better thought off on bennifits

  • wilf says:

    Craig:- I can only think that the departure would be on your housing costs, ie your present partner’s ability to contribute to them especially if you have an interim assessment.
    If you have not given your present partners income you will have an interim assessment which only looks at your exempt income and not your protected income which means your affordable amount is not looked at.
    If this is the case you can ask for a conversion to a formal maintenance assessment
    and you will need to provide your partner’s income but you will get all your housing costs and an affordable amount will be determined and entered into the equation.
    You should have had communications from the departure section as they are completely separate from the normal maintenance assessment officers.
    It is unusual for an assessment to exceed 30% even with a departure so an appeal might be worth while.

  • Carol says:

    Report it as benefit fraud to Child Benefit office and they will investigate. As long as your ex is in receipt of child benefit CSA won’t look into it at all.

    Ask to be re-assessed.

    If you can financially afford to fight the CSA on Human Rights then go for it. As mentioned before 2 people recently won their fight due to imprisonment on grounds of Human Rights.

    It is a very unfair system. The gross income scheme is being introduced gradually. I think it’s already been delayed a few times because of ‘flaws’ in the system. CSA are proposing everyone will go on to the Gross income Scheme starting with new claims, then people on CSA1 and then CSA2. It is supposed to be completed by 2015. Think I’ve heard all this before and it never worked!!

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