Anyone in the know about CSA?

[BreakOutTheKaraoke]

My ex has always avoided paying CSA whenever possible, to the extent of leaving jobs when it gets to the deduction of earnings stage. He owes around £4000 in back pay at the last calulation, about a year and a half ago. About this time, he started a new job, and was in an accident at work, which damaged his arm. He was signed onto jobseekers (as far as I know, definitely benefits, and CSA said jobseekers at one point), and was having physio, etc. While he was recieveing jobseekers, £5 a week was being deducted CSA for our DD.

About 6 weeks ago, the £5 stopped. I rang up CSA, they said the jobseekers looked like it had dropped off the system, and they would have to reapply for it. Bumped into a member of his family today, apparently he has recieved compensation for his accident, to the tune of a couple of hundred thousand! This would obviously explain the lack of jobseekers.

I haven't been able to ring CSA yet, due to working til after 6. Has anyone any idea what could happen here? Will he have to pay back what he owes, will he still have to pay us anything weekly, given that he has no actual income, but is living off this? I'm bloody annoyed at what a wanker he is, he didn't even send DD a birthday card or present last month, and when I got in touch to say she wanted to see him he replied he was in Mexico, didn't even mention he was going away, never mind make arrangeents to see her

Posted this in chat too, hopefully someone will be in the know.

[Collaborate]

You must tell the CSA to apply for a liability order. He can be imprisoned if he wilfully fails to pay maintenance. The Liability Order is the first step.

You should consult a solicitor and apply for financial provision under Schedule 1 of the Children Act. You can get awarded cap[ital. In some situations the court can award you income to be paid out of his capital if it is clear that he is using it as income.

[mumblechum1]

What Collaborate said.

[mumblechum1]

Maybe also a secured provision order?

[BreakOutTheKaraoke]

Thanks for replying! I have spoken to CSA today, they didn't know if they would be able to do anything, but as it is he is still recieving benefits according to DWP. So I got in touch with him, he apparently hasn't recieved any money yet, but should do within approx 3 months. So guess it's wait and see.

The lady from CSA did say that she didn't know for sure, but as far as she was aware compensation was protected, as it was not an income. Fingers crossed he pays what he owes without being forced, but I'm glad I know there are other avenues if need be. Thank you.

[Collaborate]

Compensation will include an element for lost earnings. The woman at the CSA doesn't know what she's on about. I'll look it up in my CSA tome tomorrow (PM me to remind me) but I'd be aghast if she's right.

[ChocHobNob]

What about compensation paid "to cover lost earnings" but the NRP was paying maintenance regularly at the time? I wouldn't be impressed if I was then forced to pay twice because the CSA took it into account. (I understand OP your ex wasn't paying at the time, so it is frustrating though). But surely that's why they can't take it into account as standard.

Compensation isn't taken into account by the CSA as a whole. All they can take into account is interest on savings and capital on over approx £66,000. So once his payment goes through, you can apply for a variation to take that into account.

[Collaborate]

I'm on about the arrears of £4k here. He was earning when those areas accrued. It's in the OP.

[ChocHobNob]

But they are separate matters.

They wont say "£5000 of the compensation was for lost earnings so we will take 15% of that for child support". Instead, he was accruing arrears during the time of the loss of earnings so that is already counted for.

From what I understand if he isn't earning, but has capital and/or savings of over £66,000 they can class the interest earned over that as income for the purpose of a calculation. Then it will follow the same rules. 15% of the income for one child then they could take up to 40% of it to pay off the £4,000 arrears ... or they will apply for a liability order and it will be down to the Judge to decide whether he pays it directly out of his compensation. The compensation as a whole is protected though and the CSA can not use all of it in a calculation. Unless they went down the liability order route and took money directly from his bank account.

[BreakOutTheKaraoke]

Hi there, this is an older thread of mine, it's all just coming about now, so reading through, thought I would ask what steps I shoud be taking first.

First of all, ExP is named on the birth certificate, we were never married, he has, except for literally a random couple of weeks over the 8 years, which CSA were always informed about, never paid maintainence willingly. I think I have recieved 12 weeks payment at £30 each altogether. CSA have being taken money from his sick/jobseekers, for roughly the last year, at £5 a week. This stopped for about a 10 week period last time I posted, and stopped again abut 6 weeks ago. When his accident happened I was NOT recieving any maintainence from him, and it was a new job.

He has posted all over his facebook page (sorry!) today bragging that he is in the money. He hasn't said how much, but on a previous day he has said roughly £140,000. He has also posted up a reciept/invoice for a car he has been for today. He has put down £1000 in cash, (which he definately wouldn't have had otherwise), with a £16,000 remaining balance to be paid when the car is ready for collection end of August (brand new car, made to spec by the look of it). I have taken a screen grab of all of these posts and pictures in case they are needed in the future.

I know some people are going to think I am moneygrabbing, but he owes backpay to CSA, and I don't see he shouldn't have to pay it if he has the money. I would appreciate any advice given as to the best way to make him pay this, and hopefully make him support his daughter financially- I would be more than happy with £20 a week, tbh, it's just a burden doing everything yourself. Also, if it is likely to be solicitor route, if anyone knows if legal aid would be a possibility- I can supply figures, etc,

Thanks to anyone who can help!

[Collaborate]

You must/can only go through the CSA to enforce.

[BreakOutTheKaraoke]

OK, so can the CSA do anything? If they start telling me it's not possible to chase again, as they started to last time, is that right?