Categories
My ex went to the CSA despite our written agreement
My ex wife has gone to csa for me to pay maintenance for my daughter after when we got divorced we both signed an agreement to say no money would change hands as my oldest daughter lives with my mother, I have contacted csa they were very unhelpful and was told they don’t take into consideration my monthly out goings as I rent my house and have a lot of debts im paying off which my ex left for me when we split how do I stand with this?
kind regards
Barrie Sills
4 thoughts on “My ex went to the CSA despite our written agreement”
Leave a Reply
It’s amazing that more lawyers don’t seem clued up to this as it’s been law for a long time that with child maintenance the CSA take precedence over the consent order after one year of the consent order being made.
I don’t think they take your own debts into account as mortgage payments are not taken into account it’s just a flat percentage of income.
If the oldest child lives with your mother and your mother has the child benefit in her name then she should make a separate CSA claim against your ex wife and probably yourself. I would suspect as soon as your ex hears of this she will either try to get the child benefit back in her own name as this is what the CSA are interested in and if not possible will put pressure on your oldest daughter to move back with her and bump up the claim against you.
For the youngest child you will have to go through the CSA process and for one child it will be 15% of your net income. If you are on PAYE bump up your pension payments to reduce your net pay. If your self employed then do some research and you’ll get the idea that basically payment to the CSA is optional and how to go about that but do that now at the early stage as the initial position you present is important in achieving a nill or reduced assessment.
For your debts you may be better off dealing with them through a bankruptcy of some kind as if you have to deal with them as well as the CSA then you could be dragged down for some time.
One very important bit of advice is don’t speak with them on the phone. You can ban them from calling you by writing them a letter stating you do not wish to be contacted by phone only in writing. I’ve posted the wording before and you need to send it recorded delivery as they will lie and say they haven’t received it. They are scum and they will lie and cheat to get what they want which is every pound you have even if it means you lose your home or your job.
Barrie, I am sorry to say that you have now become a victim of the CSA SCUM, the lowest life form in the universe, the most disgusting Paedophile out there is far superior to this SCUM, They don’t care how many debts you have, they don’t even care that your ex caused the debts, you have now become a cash cow for the scum to milk dry, and believe me, they will milk you dry
debt you have etc don’t come intot he equation when its worked out but if your daughter lives with your mother then how are you paying anything to your ex at all surely your mum gets any child benefit for the child and therefore any maintainance should be paid to her as she had day to day care of the child
Your written agreement will not stand unless it was made before the court when you got divorced. You need to seek help with a debt advisor so not to find yourself in yet more debt with the csa now on your back, there are charities who can help you with this, often working with legal specialists and solicitors, your local authority will have their details. csa will not take your debt into account, whether you are the nrp or pwc, from that point of view, everyone is on the same boat. Best wishes.