Ex wife exploited a CSA loophole and I am now bankrupted

March 30, 2013

I first started paying child support in October 2007 in Australia. My ex wife is English. She returned to the UK with my daughter in January 2009. I followed (to live separately) in June 2009. Between the date of our initial separation and now (14/03/13) I have not missed a single payment. I paid directly to her account. For a period of approx 15 months my ex wife cut off contact with my daughter. Despite this I still never missed a payment. Eventually a court order was reached and access recommenced after I spent £4K in legal bills. In January 2013 we reached a divorce settlement approved by the court whereby I sold a property in Australia and gave my ex-wife the full proceeds (£75,000) in return for two years suspended CS payments. The court approved this.

In line with the agreement I cleared the funds to my ex wife on March 10th. On March the 13th I received a call from the CSA saying that my ex wife had requested that they now manage the child support payments directly. I told them about the court ordered agreement. Their response – the court has no jurisdiction to do that so we now pursue you for child support at your ex wifes request. I explained how much money she had received just two days earlier, money she had not declared. Response – “we can do nothing about that, you still have to pay”.

She has found a loophole and exploited it. I am now bankrupted, literally. The CSA, though following the law, has no interest in what my ex wife has done.

My questions to those of you reading are if I take out a pension and therefore reduce my taxable income does that reduce the amount of CS this woman gets? I earn 24K per year and pay £116 per fortnight despite the fact that even with an access court order she still disobeys it.

Many thanks.

Comments

  • lisa says:

    Never speak to the idiots on the shop floor, demand you speak to a manager high up,
    CSA complaints free phone number 08007838527 You may have been phoning and complaining to the CSA for a long time getting nowhere use this guide and you will see how quickly they respond. Please do excuse if I repeat the steps I have done this for a good reason. 1.Complain and Appeal and get your MP involved EMAIL the complaint and appeal copy everyone in.
    2.Order your Data Prints by post and email.
    3.Email all and sundry use the email list and email them every couple of days to remind them.
    4.Not happy with data prints items missing Complain to ICO be sure to copy everyone in. [email protected]
    This is what you do immediately if you believe the CSA are taking too much from you! ■First thing you must do is make an official Complaint and Appeal *EMAIL THE COMPLAINT*and contact your MP and get them involved regarding your issues you are having with the CSA. Mention that you believe that they have made an Official Error. Ask the CSA for the decision to be set aside as they are not leaving you enough to live on and is going to cause you an injustice. This is based upon Regulation 55 of the Child Support Act (Maintenance Assessment Procedure) 1992 http://www.legislation.gov.uk/uksi/1992/1813/made
    Attach a copy of ALL your outgoings, even the things the CSA don’t allow for. Email a copy to your MP and all of the others in the email list further below it should get passed straight to the chief executive’s office. It is very much more than likely that they will then find errors in your assessment going back several years and use that as an excuse to drop the payments. You can find who your MP is via here http://www.writetothem.com As you will be emailing many politicians, ministers, ICE, ombudsman, complaints team etc all at the same time as per the email list below your emails will more than likely be forwarded to your MP in anyway. or use their [email protected] for example [email protected] [email protected] or simply just Google your MP if you know who they are and you will find their email address on their website. This is the email distribution list you are going to use for your Official Complaint and Appeal. Your MP [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]
    If you use the above then the loophole should be looked into, im assuming you have documentation to prove the monies given to your ex wife, the CSA will have to take on your complaint and if need be going higher to ICE
    Good luck

  • lisa says:

    CSA complaints free phone number 08007838527 You may have been phoning and complaining to the CSA for a long time getting nowhere use this guide and you will see how quickly they respond. Please do excuse if I repeat the steps I have done this for a good reason. 1.Complain and Appeal and get your MP involved EMAIL the complaint and appeal copy everyone in.
    2.Order your Data Prints by post and email.
    3.Email all and sundry use the email list and email them every couple of days to remind them.
    4.Not happy with data prints items missing Complain to ICO be sure to copy everyone in. [email protected]
    This is what you do immediately if you believe the CSA are taking too much from you! ■First thing you must do is make an official Complaint and Appeal *EMAIL THE COMPLAINT*and contact your MP and get them involved regarding your issues you are having with the CSA. Mention that you believe that they have made an Official Error. Ask the CSA for the decision to be set aside as they are not leaving you enough to live on and is going to cause you an injustice. This is based upon Regulation 55 of the Child Support Act (Maintenance Assessment Procedure) 1992 http://www.legislation.gov.uk/uksi/1992/1813/made
    Attach a copy of ALL your outgoings, even the things the CSA don’t allow for. Email a copy to your MP and all of the others in the email list further below it should get passed straight to the chief executive’s office. It is very much more than likely that they will then find errors in your assessment going back several years and use that as an excuse to drop the payments. You can find who your MP is via here http://www.writetothem.com As you will be emailing many politicians, ministers, ICE, ombudsman, complaints team etc all at the same time as per the email list below your emails will more than likely be forwarded to your MP in anyway. or use their [email protected] for example [email protected] [email protected] or simply just Google your MP if you know who they are and you will find their email address on their website. This is the email distribution list you are going to use for your Official Complaint and Appeal. Your MP [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]

  • lisa says:

    Fraud by false representation.

    (1)A person is in breach of this section if he— .
    (a)dishonestly makes a false representation, and .
    (b)intends, by making the representation— .
    (i)to make a gain for himself or another, or .
    (ii)to cause loss to another or to expose another to a risk of loss. .
    (2)A representation is false if— .
    (a)it is untrue or misleading, and .
    (b)the person making it knows that it is, or might be, untrue or misleading. .
    (3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of— .
    (a)the person making the representation, or .
    (b)any other person. .
    (4)A representation may be express or implied. .
    (5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

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