CSA Problems

[Melbel]

Hi all

 

I was wondering if i could get some advice on the following...

 

My friends boyfriend is having a big run of bad luck at the moment, i will try and list the situation.

 

He has a 12year old child he hasnt seen for approx 3 years because the mum moved away and left no forwarding address, now shes back she still wont let him see his child.

When he had contact with the child - he paid the mother cash toward the upkeep but hasnt since she moved.

 

Fast forward 3 years to now - he has been working in a job that basically uses him as and when. He's recently been laid off and robably due back in January therefore he has made a claim for jobseekers allowance.

 

He is in a situation at the moment that he has nowhere to live so flits between his mums, his dads and a group of friends.

 

He made his jobseekers claim mid Nov and they still havent sorted it. They are saying his problem is no fixed abode even though he has given his mums address for any correspondence.

 

Meanwhile the CSA have written to him at his dads, then his mums basically asking for all details of what he has been doing since march 2000. incoming outgoing money, benefits claimed, any mortgaages - the lot. They are saying if he does not provide this they will chase him for £53,000!!!

 

He has no idea why they are going back to march 2000 for money when he was in contact with his child and how can they enforce a debt that they have made up or estimated.

 

Where does he stand with the letter theyve sent him - is it legally enforcable and what are the implications?

 

Do they have any right to just take what money they want off him?

 

Also why should this affect him claiming jobseekers while he is out of work?

 

it all seems very unfair.

 

Any advice appreciated...

[Guest wino]

Hi Melbel

 

I don't know much about the CSA but I think they seem to change the rules to suit themselves.

 

My brother had been paying cash every week to his Ex. He paid every Friday when he picked the kids up to stay with him every weekend. This was every weekend for nearly 3 years. He bought all their clothes, shoes and paid for things for school etc and took them on holiday every year. His Ex decided to get the CSA involved as someone told her she could get more money. His EX told the CSA that he has never paid a penny!

 

The CSA then did an attachment of earnings for the amount they decided he should pay aswell as an additional amount towards three years back pay. My brother is really struggling to pay as it is a lot of money they take off him. He has since lost his job and works now and again on agency work, not regular at all. The CSA have refused to reduce his payments.

 

My sister on the other hand put in a claim with the CSA after her husband left and heared nothing from them. After 6 months she got back in touch with them and was told she was in a queue, they were very busy and would deal with her claim when they could. They had his address and place of work. 1 1/2 years later they have wrote to her saying they do not claim back pay and her claim will start when they make contact with the father.

 

They finally got in touch with him 2 months ago. He has a nice flat, just bought a new car and goes out drinking everynight and has a full time job. They have wrote to my sister saying he can only afford £5 in total per week (that is for 3 children) and they will arrange for the payments to go into her account.

 

I just cannot see how the rules are different for each case.

 

I hope someone who understands the system can come and help you. I think that probably your friends, boyfriends Ex has not been completly truthfull with her claim.

[Melbel]

Hiya Wino

 

Thanks for replying - it seems the CSA cause problems for both sides..

 

The thing is, he is now to scared to reply to them incase they take stupid amounts from his wage (when he goes back to work)

 

I said it would be better for him to face it and fight whatever is wrong but it seems the CSA (from what ive read online) get away with all sorts..

[Guest wino]

I would like to know whether claims can be back dated to when the couple first split or until a claim is actually made or when the Father /Mother is tracked down?

 

There seems to be different rules:confused:

 

£53,000 is a lot I wonder how many years this is for?

[ErikaPNP]

The claim can only be backdated to the date of the maintenence enquiry form. (MEF)

 

If they are not provided with information to correctly calculate the maintenance, they will apply a rate based on the number of children that maintenance needs to be paid for. (This is known as a "default maintenance decision), and would apply from the date of the MEF. The default rate is £30 per week for one child, £40 per week for two children and £50 per week for three or more children. These amounts are total amounts, not per child.

 

If he doesn't provide them with information, they may go to court to obtain a liability order to "force" payment.

 

Whilst he is receiving benefit, they can only take £5 per week from his benefit.

 

If he can prove the payments he has made to his ex, they should adjust the calculation for that period. He should also tell them of times when the child stayed overnight - this can reduce the amount payable.

[Melbel]

Morning

 

We have no idea why the claim goes back to 2000. He was seeing his son reguarly then and paying maintenance. Unfortunately it was cash so theres no proof - he is kicking himself now.

 

Shes trying to say he hasnt seen his son since 2000 i think. This is lies - his son was even a pageboy at his aunts wedding in 2004, this can be proved. Contact went on until 2006 ish until the mum moved to a different area.

 

On the benefits thing - this case has held that up - they wont give him any JSA due to this CSA problem. Hes going back to the jobcentre today to try and sort it.

 

So would it be best that he fills this form in ?

 

The only problem is they want details of all jobs (which he doesnt have all details to) he has had

 

all addresses hes lived at, all rent (and proof of)

 

all incoming and outgoings since 2000

 

the lot.. its ridiculous - he hasnt got all of this info as it was a long time ago plus he was paying for his son then.

 

Its a right mess.

[Melbel]

Also - can they even get a liability order against him if he is of no fixed abode??