NACSA - The next step when the CSA have failed

[trinni]

Has anyone ever resorted to using this organisation? They claim:

NACSA is the leading organisation within the UK providing affordable help to all parents and their extended families in all areas of the Child Support Act and the new Child Maintenance and Enforcement Commission (CMEC).

We receive no Government funding - We prefer to keep our impartiality!!

I thought I was finally making some headway with the CSA but it seems they cannot help me any further. ExH is not declaring all his (self employed) income and thay seem powerless to assist.

Surely there has to be some way to nail him?

I would be asking who runs NACSA, what qualifications do they have, how are they regulated, do they have insurance and is there a proper complaints procedure so that there is some sort of come back if they get things wrong.

Someone can check that a CSA assessment is correct but no organisation can change the law, rules or regulations. If there is no evidence of non declared income, or if the assessable income is reduced because of legitimate concessions made by government to the self employed the CSA will have it's hands tied. On the other hand if someone is defrauding the taxman it can be reported to the HMRC who might be persuaded to investigate. Once someone is brought into the tax system there is evidence the CSA can use as a basis for calculating and/or enforcing child support.

I did in fact report exH to HMRC and he was investigated and subsequently fined for not declaring his full income in 2002.
This fact seems not to make a jot of difference.

I believe that the CSA's decision has been made on the basis of information that is materially inaccurate. It is my belief that the NRP in this case has manipulated evidence of his earnings in a deliberate attempt to deceive the CSA and negate his financial responsibilities to support his children. It is also my belief that the CSA has failed to fully implement the powers available to it to properly investigate evidence which I have made available which corroborates my position.

I'm certain that this is a clear case of under-declared income as the NRP maintains a lifestyle which is totally inconsistent with the amount he claims to earn ? the amount which the CSA has used to assess the amount of child maintenance to be paid.

There are various points of relevance which the CSA are completely ignoring even though it has seen fit to pass my case to a complex case worker.

Never heard of NACSA before. Their website looks interesting.

They are very open about the individuals who are in charge of the new CMEC, naming them individually. Yet they nowhere say who runs their organisation. They mention someone advises them who sits on the CSA committee of Resolution. I know someone who sits on that committee and shall ask them what they know about them. Until they become transparent (as opposed to hiding who is behind them), I'd personally steer clear of them.

Their charges (where they specify them) appear to be at around the charges that legal aid solicitors get paid, but I presume they aren't solicitors because otherwise they'd say so, and they'd be regulated by the SRA and have proper insurance.

They appear to come across as a campaigning group (they seem to think the whole thing is unfair - at a time when most people now accept that it's the system running it that needs improvement rather than the calculation itself.

Trinni - have you tried taking it to a tribunal? If your evidence is strong enough it will satisfy them and the assessment will increase. If it isn't, it won't, and no amount of money paid to advisers can change that.

I have only heard good reports about N.A.C.S.A. but that has been from fathers who have had difficulties with the CSA who are notoriously incompetent.
There is also www.afairercsaforall.co.uk which is free.

Again I would be asking who is behind A Fairer CSA For All and what their motives are. When the site was first set up and the posts could be read by all you didn't have to dig too deep to find conspiracy theories and links with far right groups or those advocating breaking the law or intimidating CSA staff.

Campaigning and self-help groups can be a good source of information, advice, guidance and support. However that can be disastrous if the information etc isn't impartial, unreliable, or plain wrong. Sometimes when a polarised sense of grievance is ratcheted up it encourages people to behave in ways that are malicious, destructive and unproductive. Often that manifests itself in an individual being aggressive and demanding which overheats court proceedings and tribunals and does the person no favours.

ex is self employed has the most complicated accounting system that no-one can figure out. FIU investigation with CMS proved has way more than he was letting on, he disputed this and paid for a barrister who after 3 years judge says he has nil earnings since 2017 onwards and CMS say that’s the future too so can’t claim for my 12 year old now.
He has the most expensive 4x4 Range Rover to, a fleet of yachts and sold some lately. How do I prove the Judge acted outside of the law and how does the Single Mum of 2 who was abused afford a barrister or legal rep? I have rep myself since 2017 and now I’m worse off than I was before. I have to appeal to the upper tribunal but feel that I will get brushed aside as no rep.
Its been so hard and my life won’t get any easier, I get little enjoyment from life. I can’t go on if he doest help pay.

There is much to unpick in your post - that would probalby benefit from sitting down for 2 hours with a solicitor and going through your case.

You cannot give enough of the facts in your post or on here to make any advice worth having, and I'm pretty sure that the lawyuers on her (me included) wouldn't fancy spending a copule of hours of their time giving you proper advice. All I would say is that you must look at part 4 of this (para 36 onwards) www.legislation.gov.uk/uksi/2008/2685/made

If you want to appeal and it doesn't fall under any of the exceptions in para 36 or 37 you need written permission and can only appeal on a point of law - see s11 of the Tribunals, Courts and Enforcement Act 2007 www.legislation.gov.uk/ukpga/2007/15/contents.

Also - dont revice a long dead 2011 threas. Start your own thread. There is a big blue link at the top of this page.

*revive