Hobson’s Choice – A synoptic history of the CSA

19 years ago my former wife left the family home with our two children. If this was not sufficiently traumatic, I was going to discover the Family Court and the Child Support Agency, these two were really traumatic.

For nearly twenty years my ex-wife has undertaken every action to prevent or make difficult any contact with my two children. Such that at each attempt at contact with them [my children], even when they finished education, I then received another interaction by or from the CSA. This was of course consistent during the 19+ years, or maybe a coincidence that was simply a component of the CSA’s normal actions!

During these 19+ years I have also had constant problems of varying severity with the CSA:
• My ex-wife took our children and moved some 250 miles from the marital home stating “I will not let you have contact with them [our children] as my new partner will not be able to control them if you are still on the scene”.
• At point of separation – I paid by cheque payment money to my ex-wife for my children. This was over 300 GBP per month in 1996 and was equal to 65%+ of my disposable income at the time. This payment was then paid to her [ex-wife] solicitor attaining a receipt for same. At point of CSA claim they [CSA state they accept my ex-wife’s claim this payment was for clothes and everyday items and not regular maintenance. Subsequently when the CSA made the assessment they ignored these payments and requested payments in addition for maintenance. This was not the end of it …………..
o I was already in arrears and only just received the assessment!
o Had already paid my ex-wife the majority of my disposable income!
• Shortly after the divorce and as a result of a college re-structure. I was made redundant from my teaching job. I found a new and better job in London, but some 100 miles from the family home in which I still resided, requiring that I travelled daily or found additional accommodation. The CSA did not accept an additional accommodation cost or my full travel expenses and therefore the re-assessment left me almost penniless.
o My ex-wife would not allow the sale or letting of the former marital home so I continued to pay the mortgage whilst incurring the travel costs
o I recall having to sell personal items to friends and students to pay for my travel home – this after spending two nights on a station bench at Euston Station as I did not have the fare to get home until my monthly pay came through.
o Attaining promotion to senior management post – I left home at 6am and most often arrived home after 10pm.
o I was still fighting through the family courts to see my children.
o I lost my driving license which was devastating as I could not travel.
o At Christmas, I lost my very important job.
o Arrears continued to accrue and the CSA continued to take the significant part of my net income.
• Attaining a new role with another college, I had to move 250 miles away, requiring weekday accommodation and travelling back home (by rail) each weekend. Of course the CSA would not accept the additional accommodation or travel costs and thus I was broke.
o My ex-wife would still not allow the sale or letting of the former marital home.
o The CSA’s assessment still took most of my income and yet I was still accruing arears.
o I snapped my Achilles tendon and needed to walk on crutches for 6 months and a stirrup for a further 6 months, whilst being forced to travel home at weekends as I did not have the money to pay for additional local accommodation. CSA did not allow any additional expenses incurred. Noted that I did not take a day of sick leave.
o Faced with impossible conditions – something had to give. I handed the keys of the property back to the mortgage company. Stopped paying the mortgage so that I could pay rental accommodation near my work. (The forced sale of the former marital home produced a surplus which was given over to my ex-wife). I now had additional disposable income to enable a life, even if a simple one. Now – with a greater disposable income (as a result of not paying the mortgage) the CSA re-assessed me. Arrears accrued further as the assessment was made back to date of change of circumstances (e.g. when I handed keys back, I had not thought that I needed to inform the CSA – oops!)
o CSA Detachment of Earnings Order [DEO] resulted in up to 80% of net income being taken. How did I know thus occurred – I read my payslip! I was never I formed or had the opportunity to discuss the matter/issue or indeed put my case to a judge: it all occurred without my knowledge.
o I was still fighting to see my children through the Family Courts.
• I met another partner with 3 children. Ironically when we moved in together the NRA decided he did not have to pay maintenance and as he was Self-employed the CSA did not chase him as they were able to do with me.
• National – Strategic Regional Audit resulted in the closure of the college department – another redundancy.
o CSA arrears accrued until re-assessment. But arrears still stood.
o Self-employment, Multiple employment(s) to enable a reasonable income subsequently led to further un-knowingly accrued arrears.
o I was still fighting to see my children through the Family Courts.
• Years passed bye, negotiating arrears payments and getting to grips with re-assessments.
o Separation from my partner as a result of the financial pressures although we did continue the relationship after her divorce and settlement – living apart worked for us for 12 years.
o Notice to quit my long term rented home. I managed to get a mortgage and moved into a home of my own. Another re-assessment resulted. Some-how, my disposable income increased for CSA assessment purposes– even though my personal expenses also increased.
o Still seeking contact with my children.
• A new job, the job I always dreamed of. An employment criteria required that I owned and maintained a car that was under 3 years old as my role was regional requiring substantive travel for which of course I was reimbursed after 2 months. A huge expense funded by credit cards and overdrafts! Not accepted by the CSA.
o Still seeking contact with my children.
• 2006. Another CSA DEO now requiring full payment of all arrears – some 4000+ GBP.
o I did not have the funds. Could not get a loan. Credit card already maxed out paying for the car for my employment/expenses.
• After advice, calculating that after a period of 7-8 years I would be free of CSA maintenance payments, I undertook an additional mortgage to pay these arrears. I was now heading for negative equity but it was a calculated risk that I would be able to manage to update my car (as required by my job criteria) and tightly meet future expenses enabling a capital repayment in the future to pay off the additional mortgage after CSA payments ceased. It really was a gamble!
o Paid full and final settlement with the CSA. Informing the CSA that I had taken an additional mortgage to do so.
o The following years were financially very tough.
o 2007/8 property crash – I was in a huge negative equity position.
o Still seeking contact with my children.
• 2010. ‘The 2008 financial crash’ required my employment organisation to restructure with inevitable redundancies.
o I lost my job.
o CSA contacted me – you have 7000+ GBP arrears outstanding!!!!!!! How is this possible as I had already settled in 2006 in full and final payment of these arrears?
o CSA state that there was a miscalculation – a meeting was arranged. I was informed that these arrears would not be recovered and permanently suspended.
• My children now over 18 years of age. One working but my CSA maintenance payments did not reduce! The payments for second child was reassessed to about the same of the former payment!
o The second child then left education but my ex-wife did not inform me. I discovered the same and informed the CSA asking for repayment of overmade payments (nearly a year’s value) – the CSA stated it was my responsibility to inform them of this fact and therefore they would not make repayments. Was it likely that the mother who refuses all contact would tell me that our child had left education (even if I had been awarded numerous Court orders requiring her to keep me informed of the children’s lives)?????
 CSA refused to repay anything.
• 2011. Children now left FTE – should be free from CSA maintenance payments and start paying off capital payments for remortgage. A new job some 400 miles from my home. (Accommodation and additional travel costs not accepted by CSA, of course!). Still paying the additional mortgage costs. Cannot sell property as negative equity due to remortgage for CSA arrears.
o A change in Government with a new policy – courtesy of Ian Duncan-Smith (IDC). Seek all CSA arrears!
o 400 miles from home with substantive living and travelling expenses whilst still paying the CSA. I received a monthly payslip – net income equals NIL. Another CSA DEO – this time they took everything!
o Now I am in serious financial problems and just sufficient fuel to drive 400 miles home.
o Borrowed money from family to get through the next month and negotiated (Hobson’s choice!) a repayment to enable the facility to get DEO removed and to get some pay for the next month.
o Letters, discussions, arguments, pleading and severe depression – trying to get CSA to understand that it was their fault, that it is as a result of their incompetence, that I paid all arrears in full and final payment which they accepted in 2006, that I was told by them [CSA] in 2010 that arrears were permanently suspended, that I have all the evidence (from their own records) of their mistake and final agreement gained from a ‘Freedom of Information’ request that I made, that I took a remortgage calculating it would all be over by now [CSA payments would have ceased] and I could finally undertake being able to pay off the remortgage, how could I live-work-travel now? The CSA did not care they simply enforced the new policy with absolute pleasure! After all, I was an Absent Parent who refuses to take responsibility for his family!
o I was never going to be free from the financial chains of the CSA. It would take me until retirement to settle this matter or my death – which ever came first.
o Local MP took up the case with IDC and then Steve Webb (Dept. Work & Pensions). For 2 years they [Dept. Work & Pensions] denied responsibility until I provided their own evidence. He [Steve Webb] then stated to local MP that the CSA “were sorry they had made mistakes but that legislation required enforcement of these arrears” unless I could prove that I met four NEW CRITERIA to enable permanent suspension (incidentally the CSA or Steve Webb or IDC have never apologized to me!). Did I not already have the arrears permanently suspended as of my CSA meeting in 2010? Clearly not!
o After 2 years of ducking and diving by MP’s (colleagues) and departments – I still was being forced to make CSA payments – now for arrears incurred in 1996/7.
o CSA legislation
 Child Support Management of Payments and Arrears (Amendment) Regulations 2012 states in point 7.11 that arrears should be written off if ‘a non-resident parent has been informed by the Department that no further action would ever be taken to recover those arrears. This may be, for example, because a case officer felt that there had been maladministration on the case and assumed they had authorisation to act in this manner,’
 It was noted that 3 criteria were met in my responses but that this final aspect needed to be met:
o After Mr. Webb stating that despite the evidence provided that I did indeed meet the ‘new’ four criteria for permanent suspension (three met but the final criteria above was not), the choice for a undertaking a remortgage to pay of the arrears was my choice and I was not forced to do so! MP informed me he could do nothing more!
o Was my whole case not evidence that I made ‘financial commitments’ to pay arrears relying upon the advice/belief that “arrears were 4000+ GBP” as stated by CSA, and then having made and they [CSA] accepting ‘full and final’ payment in process?
o Should I now pay the now the found arrears from 1996/7 – does this not have a detrimental impact upon myself and my family, especially my young baby and her financial future?
• In 2012, when I remarried and moved abroad. I now understand that CSA cannot enforce whilst abroad – although this was not the intention for relocating, it was that my new wife lived abroad.
o We now have a young baby.
o I suffered a cancer threat and had a tumor removed from my chest/spine/heart area. Unable to work for up to 12 months.
 When faced with my potential terminal illness, I invited my children to visit me. They never came and instead my ex-wife informed the CSA of my residence and address abroad.
o I cannot get resolution for the arrears.
o I am unable to return to the UK as arrears collection will clearly be enforced – even when I finally can retire.
• The CSA have seriously impaired and restricted my ability to enjoy a family life for over 19 years. They have had a huge impact upon my physical and mental health. They now impose the same upon my new family!
Having suffered anguish-physical and mental deterioration, harassment from CSA, phone conversations, meetings, 1000’s of pages of correspondence, ‘Freedom of Information’ requests, Judges ‘Detachment of Earnings Orders’ without hearing from me, Independent Case Reviews, Appeals, Complaint reviews, MP interaction, responses from IDC and Steve Webb – is there any legal redress I can now take to end this matter finally ?