Why will nobody look at the evidence?

August 4, 2014

Since separating with my ex partner in 2005 we agreed that i would pay her direct for anything the kids need in respect of school uniforms, trips, clothes, shoes etc.

It worked out that i was paying her roughly around £100 per month as well as an extra £400 every December to help her out with Christmas costs. When i left the relationship i bought her a car so that she was able to transport my 4 children.

When i met my new partner and we had a child together she stopped all access with my children, this was in 2009 and i haven’t seen them since although i still rightly pay her maintenance as i always have.

Well, my and my wife got married this year and now she has said to CSA that i have never paid her a penny since 2005 and they have taken me to court for a liability order for £7199.06.

I have called and email the CSA countless times to explain the situation and i even scanned and emailed across my proof along with witness statements and the car receipt etc as the enforcement officer said if i could send all the evidence across then he could re-evaluate the figure in question. Well it works out that over the years she actually had over £8500.

We went to court with our evidence and the magistrates said their hands were tied, they had no powers to look at our evidence and as a result they had to grant the liability order.

We were stunned, how can we not have the right to defend our innocence and show our evidence?

what are we supposed to do now? i am unemployed as i care for our children while my wife works. Any advice would be greatly appreciated as every solicitor we have spoke to has said ‘we are sorry, we do not deal with CSA cases’.

Surely the magistrates should have questioned are we actually liable for this debt? Our evidence would have proved that we are not.

Thanks in advance for any advice.