My partners ex is lying to the CSA to get money, what can I do?

April 20, 2013

My partner split from his ex wife 3 years ago. They are now divorced. They used to have a private agreement between themselves whereby he paid her for the two children directly into her bank account. He was actually paying her £100 per month more than what it states on the CSA we site.

Last year my partner was injured at work and went onto half pay. The ex wife still wanted the amount she was used to recieving. My partner could not afford to give her the same amount. He did however pay her cash from a savings account for two months. This was an amount that the CSA stated he should pay on his half wage.

The ex wife wasn’t happy with this, so got the CSA formally involved. She then went on to tell the CSA that he hadn’t paid her a thing for 3 years!

The first we heard of this was when my partner got a demanding letter from the CSA stating that he owed £3000! What gets me is the fact they didn’t contact him first to find out if this was true or not. They just took the ex wife’s word as fact. Anyway after a lot of stress time and phone calls CSA agreed that he had infact paid her. However because he paid her cash for two months, she is saying that he didn’t pay her. She is quite open with him that she is lieing. The CSA say its for my partner to prove he has paid it. However she doesn’t have to prove he hasn’t. Her word is always take over his. The arrears seem to change all the time, one month they are 300, the next they are 800, then 900. No one can ever answer why they are always changing.

My partner has also for the past 3 years been fighting to see his children. She allowed him to see them once per week as this meant she got the top amount of CSA out of him. However recently we have told her we will take her to court and get a court order put in place. She backed down and agreed to two nights per week plus two weeks in the summer holidays. She however refuses point blank to confirm with the CSA that we are having them more. Everytime my partner calls them, they state that she is still saying we only have them once per week. So my partner is still paying top CSA and none existant arrears. I forgot to say before he agreed to a voluntary deduction order to pay her, believing that this would stop her saying he handnt paid. However they then started taking 50 per month more than he previously paid due to “arrears”. My partner then said he wanted to cancel the voluntary deduction order to be told this wasn’t possible due to him having arrears!

We are now involved in a vicious circle whereby the CSA is saying its up to us to prove we are having them more. What’s more they are also saying that even if its confirmed that we have been having them more for the past two months, my partner may not get the money back that he has over paid! Also, they have also said that when it is confirmed there is a 6 week cooling off period before they will make any adjustments to his “voluntary” deduction order. The stress of this is unbelievable, we can hardly afford to live as he still pays loans from when they were married which are not taken into account. It seems that unless she confirmed we are having them more my partner will continue paying more than he should. She has made it clear that she won’t confirm it. Surely this is fraud on her part as she is lieing to get monetary gain. Any advice would be really helpful.