CSA hints and tips(4 Posts)
Did you know if there is a liability order in place and the bailiffs fail to collect the money then the CSA can take the xp driving licence away? Or they could be sent to prison.
I have nearly got to this point by complaining to my MP over and over and over again. Dd is now nearly 16. I would fucking love it if he lost his driving licence as he wouldn't be able to work then.
Anybody else have any tips for getting anywhere with the crap CSA?
Yes they can, nothing to do with the bailiffs:
Although it is not a criminal offence to fail to pay child support if a Liability Order is made and all methods of enforcement above have either drawn a blank or simply would not work (i.e. the non-resident parent does not own a property) then the CSA can take proceedings in the Magistrates Court for the non-resident parent to be imprisoned or his driving licence to be suspended. “A Committal Order or a Banning Order”. Such action will always be action of the last resort but the delays in obtaining an assessment, then a Liability Order
This might say it better.
Make sure you take full details of your financial situation to the hearing and proof about why you need a driving licence. For example, you could take a letter from your employer to confirm you need to drive for work and that you might lose your job and be unable to repay the arrears if your driving licence is taken away.
The court will consider all the circumstances of the case. If they decide that you've deliberately refused or neglected to pay maintenance, they can stop you from holding or obtaining a driving licence for a fixed period of up to two years.
The court can decide to suspend the order. They could do this for example, on condition that you pay a set amount towards the arrears until they're paid off. If you don’t keep to this arrangement, the penalty will be re-instated.
If the court doesn’t think that disqualification from driving is appropriate, they could:
issue a warrant to send you to prison, andsend you to prison for up to six weeks.
The order to send you to prison can be suspended, and conditions set out about when it will start. For example, you can be given time to pay off the arrears before you're sent to prison.
After your prison sentence ends, your arrears are not written off. You remain liable for the arrears and the CSA or CMS can continue to take enforcement action against you.
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