CSA Liability Order

Discussion in 'Finance, Property, Law' started by Disasterman, Feb 25, 2012.

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  1. Wondering if anyone has any knowledge of how to beat these? Basically my ex is claiming that I haven't paid the correct amount of maintanence for the last 3 years and the CSA agree with her. They have sent me a letter stating that they will be taking me to court to get a Liability Order against my name so they can send the bailiffs round or send me to prison, what the ****? Can they even do this?

    The problem is that I am self employed after leaving the Army 5 years ago, and so they are assessing that I can pay far more a week than I actually can. I have tried to say this to them time after time but they just tell me that they have assessed my earnings and I can afford it.

    They want to take nearly 6 grand off me and I don't know If there is any way that I can convince the court that I can't pay that much?

    Any one on here got any experience of this?
  2. Do a Reggie Perrin
  3. ####£6000 over 3 years.....thats £40 a week roughly. Not exactly a great deal....

    How much have you been paying her up to now?
  4. I paid her what I can afford but it usually averaged about 20-30 quid a week, problem is that it's only recently that I have bank paid it, before that it was cash and I can't prove it, I think she is denying the payments as well. (I know I should have bank paid right from the start but I didn't think of it)
  5. Just the one
  6. Uh Oh!

    Basic mistake!

    But even so, £20/30 per week is very little. I take it thats for one child?
  7. Yeah just one. It was honestly what I could afford at the time, some weeks it'd be 50 but some I'd have to give her a tenner. I always tried to pay as much as I could but now they are trying to say I have to pay it all ASAP. They have sent me a repayment schedule but it's saying I have to pay nearly 150 a week to cover the arrears! There is no way I can afford that.
  8. Yes......but thats not the way that the CSA will see it.

    You've left yourself wide open by paying her in cash with no receipt. You really need to see a solicitor otherwise, they'll take you to the cleaners!
  9. Man up and support your kid, and stop moaning about it.

    Who do you want to support your kid-US?

    I bet you spend £20 a week on beer and fags.

    Be a man and DO THE RIGHT THING.
    • Like Like x 1
  10. I hope they clean you out.
    • Like Like x 1

  11. "Roger that"
  12. Guys, my business hasn't exactly done very well and i've had to be baled out on my rent by my parents and my new partner a fair few times in the last year alone, couple that with having to drive 2 hours each way to see my daughter every other weekend and also paying for stuff for her when shes at mine and it all adds up, Im not some scumbag who doesnt think I have to support my child, its just that I honestly have been paying what I could afford. I don't smoke, rarely drink and often don't go out socialising for months. I live with my new partner and between us we manage to keep our heads above the water.

    It grates me that my ex is now living with her new fella, they are both in full time good employment and take regular foreign holidays. I don't think for a second that that means I shouldn't have to pay, but it makes me angry that my ex is driving me into the ground for money that she doesn't need.

    Im just after any advice about what I can do. There is no way I can afford a solicitor, when we went to court to sort out contact I represented myself because I was just over the threshold for legal aid, so Im going to have to do the same again.
  13. The CSA calculates the maintenance for one child as being 15% of your net income. £30 would mean you earning £200 a week after tax and NI. If that is correct then you can at least hold the moral high ground while the CSA arse rape you for not being able to prove what you have paid.
  14. The CSA are about to make a default assessment against my ex who refused to disclose her earnings (she's self employed and was desperately trying to cook her books). Their default assessments for self employed people are £30 - 1 child, £40 - 2 kids, £50 - 3 kids. In fairness to the OP he may well have been paying in line with the CSA guidelines but he's dropped a massive bollock by not getting any receipts initially.

    Linky - www.CSA.gov.uk/en/pdf/leaflets/new/csl303.pdf
  15. I've asked her but all she says is that its not her taking me to court, its the CSA. I don't think she has to go to court, its just me and the CSA so I cant see how I can get her to lie in court.

    I cant prove I made any payments to her before December 2011. (when I started making bank payments) I know it was stupid to pay her cash but I trusted her.

    I've done some online reading and it all seems to point to a liability order being a 'rubber stamping' exercise by the court and that its already a done deal.

    Is there anything I can do or say that will stop the court granting an order, because if they do I'll be fucked...