Discussion:
Advice Wanted
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Kevin Brock
2009-12-03 21:20:43 UTC
Permalink
First time poster here, between the spam!

Two years ago, split from ex who is PWC.

Was making payments to her, then around Feb 2008, due to us not agreeing and
cutting contact referred myself to CSA who got all details and managed to
finalise assessment within three days!

Ex wanted nothing to do with CSA and refused to deal with them and I made
payments, as per the assessment, directly to ex until November 2008 when
another major bust up related to access led to me withholding (wrongly, on
my part) any future payments.

We have recently started speaking, on relatively amicable terms and she has
told me:
CSA have been on her back and she has had contact telling her what I owe her
and they want to pursue me on the matter. She had a further letter earlier
this week asking her to contact them urgently. Will they take her word for
it if she doesn't want them involved? I have asked to see the
correspondence.

So, in essence, she did not want them involved and 18 months ago, they were
fine with this as we had made our own arrangements. As far as I was
concerned, they had no future need to be involved. Is this the case?

I note I (we) can make a private arrangement - could this also take into
account any accrued arrears which I am happy to pay?

What is the worst case scenario they can try to lump me with?

If there is anything else I've missed or needed to assist, please let me
know.

Incidentally, she does not work, but I am not sure what, if any, DWP
benefits she is or may be receiving, due to potential assets she holds.

Any help would be greatly appreciated.
redmelons
2009-12-05 09:51:29 UTC
Permalink
It ALL depends on whether the PWC was claiming benefits or not. Before
27th October, PWCs on benefits had no choice - they had to submit a
claim to the CSA or have their benefits cut. The CSA would then keep
any money taken from you.

So if there was a CSA case opened in Feb 2008 (or earlier), then
arrears will be accruing from the date the case was opened. Payments
made directly to the PWC will be ignored by the CSA unless you can
provide proof that you made the payments, and that they were for 'child
support', otherwise they are regarded as 'gifts'.

As you have a CSA case, I would expect the CSA to be bombarding YOU
with letters demanding payment of current assessment, and all arrears.
Have you had letters?

From 27th October 2008, you can, with the PWC's consent, make a private
arrangement, but the PWC will have to tell the CSA that and make them
stop the assessment from now. The CSA will still want all arrears up to
now, as they say that money is owed to 'them' - they couldn't care less
about your children.

If the PWC has never claimed benefits since you split up, then she does
not need to involve the CSA, can tell them to close the case at any
time, and it is her decision on whether she wants arrears or not.

If you need help dealing with the CSA, go and see your MP - they have a
hot-line and can get answers in minutes when it will take you weeks or
months to get through the lies the CSA will tell you. Don't ring the
CSA yourself - put everything in writing and copy it to your MP. The
CSA will deny anything said on the phone unless it is to THEIR
advantage.
Kevin Brock
2009-12-05 15:33:05 UTC
Permalink
Post by redmelons
It ALL depends on whether the PWC was claiming benefits or not. Before
27th October, PWCs on benefits had no choice - they had to submit a claim
to the CSA or have their benefits cut. The CSA would then keep any money
taken from you.
Not sure whether she was claiming or not, and none of my concern, although I
accept this does potentially change the basis of their involvement.
Post by redmelons
So if there was a CSA case opened in Feb 2008 (or earlier), then arrears
will be accruing from the date the case was opened. Payments made directly
to the PWC will be ignored by the CSA unless you can provide proof that
you made the payments, and that they were for 'child support', otherwise
they are regarded as 'gifts'.
Direct bank evidence, and the ex-partner confirming these were for "Child
Support" - sufficient?
Post by redmelons
As you have a CSA case, I would expect the CSA to be bombarding YOU with
letters demanding payment of current assessment, and all arrears. Have you
had letters?
Nope, but I did have a lovely call waiting for me from the lovely Lisa from
the lovely Dudley office yesterday evening asking why my lovely ex had not
been in touch with them!
Post by redmelons
From 27th October 2008, you can, with the PWC's consent, make a private
arrangement, but the PWC will have to tell the CSA that and make them stop
the assessment from now. The CSA will still want all arrears up to now, as
they say that money is owed to 'them' - they couldn't care less about your
children.
That is the plan.
Post by redmelons
If the PWC has never claimed benefits since you split up, then she does
not need to involve the CSA, can tell them to close the case at any time,
and it is her decision on whether she wants arrears or not.
As above.
Post by redmelons
If you need help dealing with the CSA, go and see your MP - they have a
hot-line and can get answers in minutes when it will take you weeks or
months to get through the lies the CSA will tell you. Don't ring the CSA
yourself - put everything in writing and copy it to your MP. The CSA will
deny anything said on the phone unless it is to THEIR advantage.
Thanks for the advice.

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