Ex pays debt to me, CSA count it as maintenance

September 7, 2010

In June 2007 my ex husband and I seperated. Due to our financial situation our bank HSBC put our joint account on hold so my ex husband had no way to get to work or have anyfunds to pay for Bed and Breakfast. He also left me with 180,000 of debt which meant that we had monthly outgoings of 1800 a month. I wanted to leave our owned property as I was unable to afford to stay there but he promised to give me £900 towards debt and money for the children in addition based on what the CSA recomended. I had to leave my home in November after I had given my ex husband nearly £3000. He gave me £900 a month up to the start of November and told the CSA the money he gave me was for the children. I spoke to my case worker at the time and told him this but he said he had paid the money and it was to be considered as money for the children. I have always argued with this and have spent the last 4 years complaining.

Twice I have been awarded arrears and twicethey have been taken away. I have complained continuously over the last 4 years but have been told there is no record. I have sent letters bank statements and my bankruptcy papers in November 2008 which have been lost along with all the other paperwork. On 16 June this year 4 years later I was awarded 4262.64. Once again it has been overturned after I was assured that I had proved that the money my ex husband gave me was not for the children but the debt he left me with. I was told on 1-11-2010 by Kate Preston that there was nothing on record over the last 4 years that I have ever complained about the voluntary payments. She also said she went to the CSA advice and guidence department who said the voluntary payments must stand.

My arguement is that the money he paid me in a 3 month period was more than what the CSA would of asked him to pay. The money he paid me was for the debt he owed me to keep his Life Insurance and the household debt/bills paid whilst we were seperated.

I ALSO HAD TO PAY£300 for his scooter to be fixed aswell as his credit card debt. I have told the CSA this but Kate Preston says that it does not matter as I had said I had received payments from him.

I hope you can help

Steph Usher

Comments

  • Allan Morrell says:

    CSA can only assist you by law if the voluntary payments are stopped. The fact that he pays you any amount should be considered a blessing in so far that your finances culd be in a worse situation, however! the CSA are tied by the law as I often remind them during my disputes with incorrectly calculated arrears base on my previous place of employment payments rather than the lower wage I recieved at my last job, the CSA have not used the correct varibles to make an accurate assessment of my arrears, however! to make deduction by those in-acccurate calculations could well be considereed as theft and obtaining such amounts would be illegal. In either case, their hands are tied by the law. Consider yourself a lucky PWC who is recieving voluntary finance from the NRP even if he has been a bit economic with his truths to the CSA. there are many PWC's acting just as equally to how your ex behaves towards you! and it is the NRP who recieves the poor end of the deal with the CSA just as much as the PWC as in your case.

  • Lorraine Moore says:

    There is no rhyme or reason to how the CSA work. For instance, my husband also paid voluntary maintenance to his ex for his daughter. When the CSA got involved (ex went on benefits, automatic claim) he had a very hard time proving that monies paid were for his child.In fact, most of the monies paid were not considered as maintenance by the CSA and he had to pay over a years worth of maintenance again plus regular maintenance!.Inconsistency is one of those delightful traits they display. I think that because you have received a rather large amount of money per month the CSA have considered it maintenance. If there are other debts to pay you will have to go to court, I'm afraid..as the CSA cannot deal with other financial aspects of separation.

  • Allan Morrell says:

    I agree, the only option is seek legal advice and recover monies owed that way. CSA are not interested in debts unless the outstanding debts are due to CSA.

  • Allan Morrell says:

    It is very clear that the CSA's main aim is to profit from the misery of broken families. note the word profit.

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