I have a court order for access but ex refuses to let me see my boys

September 19, 2012

I started paying maintenance through the CSA when my ex partner decided she would get more money from me that way, infact it worked against her and I was ordered to pay less, although still substantial. At the time I also had to get a court order to see my 2 boys, as she also prevented me from seeing them.

Approximately 5 years ago I was suffering financially and asked the CSA to review my case, I had a new partner and a young son, aswell as 3 step children and my assessment was done, prior to all of this. I was unable to pay and had informed them of this via email and also letter every month. Eventually they replied and said that I had now accrued arrears and they would be increasing my monthly payment by £50 to clear the arrears and in conjunction with this they got an attachment of earnings which they sent to my employer – so despite the fact that I was unable to pay the monthly amount, they made it legally binding and also added arrears. This stayed in force until I realised after a few years, that I must have paid the arrears of and after working it all out and sending the ‘evidence’ across, the CSA agreed and took off the arrears additional payment and reduced my payments over 2 months considerably to pay back the funds I had over paid – so I had to wait 2 months to get the money back I had over paid?!

Following this I discussed with an advisor taking the attachment of earnings of as this was only because of the arrears and setting up a direct debit or standing order, he was fine with this and would arrange it – this never happened and the attachment stayed in place.

I have paid the amount ever since, so all in all for around 7/8 years, but more recently over the last couple of months they have still had the attachment of earnings, but I found out that they had not actually taken any of the money. Following on from a call from them, they said that a member of their team had called my wages department and cancelled the attachment of earnings saying it was no longer needed – their mistake. They informed me I had arrears again and took full responsibility and I agreed that this month I would pay off at least this months and part of the arrears by bill payment and then at the end of the month clear the balance of the arrears, as I am due to be made redundant.

Instead I find that in my wages this month (that I now check due to this previous mistake), they have taken 2 months payments in 1 go and have set up an attachment of earnings again. I have a new schedule that has come through regarding the payments, attachment of earnings and arrears etc…but I also received a letter from them after this confirming my phone call, confirming the arrears and confirming the payment arrangements I had made. They have completely disregarded this and have taken what they want from my wages without agreement – I hasten to add I have not got a problem with paying.

It seems that as my ex partner is on benefits, they are even more eager to get the money from me, even though I now know she gets it all and still refuses to let me see my boys despite the court order – so I have a court order and money can be taken however they feel like, but the court order I have to see my children can be breached and nothing is ever done, no matter how many time I go back to court.

I intend to complain about the CSA and will take it further, this is where I need advice – what can I do, how far can I take this? They seem content with hounding me, especially as I am now redundant and could do without the worry of this, but I seem to be an easy target – my ex partner has an older lad and the CSA has never chased his dad for money – why not?

There is so much more I can add to this, circumstances, more detail etc…but this is already a massive story and I think the jist of it is covered

Thanks for any advice or help you can give.