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Absent father refuses to pay-CSA useless.....next step??

13 replies

Lovemy3kids · 03/11/2013 12:03

My ex has been told by the CSA that he has to pay £33 per week for his 2 children, which he refuses to do. He has lied about his income which is why he has to pay such a small amount as he is self employed, and also listed as director of his company so that he can pay himself a minimal wage.

he ignores all communication from the CSA, including telephone calls. I contact the CSA every 4-6 weeks and they always struggle to find my case. When they do, they tell me that they were going to enforce a deductions of earnings but, as my ex is the actual employer, he has still refused to comply with this.

He has just moved houses (a lovely 5-bed detached with his new fiancée!) and now I do not know his new address. The children don't know his new address either, and I feel it is unfair on them to ask them to get the address.

I contacted the CSA on Friday, and they have now said that they will TRY and take the next step, which would be court proceedings, but first they may have to spend an investigator out to his work address as we now don't know where he lives.

I am fed up with having to contact the CSA, I have asked now for someone to call me back regarding this, and I wait with baited breath to see if this happens.

I suppose what I want to ask is, is there any further steps I can take? I have a signed letter from him from when we first separated stating that he would pay me maintenance and how much, can I use this against him in court proceedings?? Is it worth me taking him to court for non-payment? He also still owes me for half of the divorce costs, which he also refuses to pay. Also, stated in our divorce petition, it stated that he would pay maintenance, which he isn't doing......does this help at all??

I am struggling financially as there are 3 DC to solely provide for (eldest not ex's) and am at my wits end. He even refuses to buy a new pair of school shoes for 1 of the DC!

Any help or advice would be greatly received.....thank you.

OP posts:
Lovemy3kids · 03/11/2013 17:13

Anyone??? Hmm

OP posts:
RandomCitizen · 03/11/2013 17:16

Oh goodness, I don't know but bumping for you. I also have a lying tosser for an ex who has conned the CSA for years. It is very frustrating, are you entitled to any benefits?

Lovemy3kids · 03/11/2013 17:49

Thanks. Yes I am entitled to benefits and I do claim them, though I do feel that ex should provide financially for his children. I'm sorry to hear that you've had problems too.....it's totally unfair on us mothers :( xx

OP posts:
prh47bridge · 03/11/2013 19:01

I'm afraid you are stuck with the CSA. The courts cannot order child maintenance nor can they enforce a private agreement regarding maintenance. You cannot take him to court for not paying the CSA. Only the CSA can do that.

Was there a court order regarding costs? If so you can ask the courts to enforce that. Similarly if there was a consent order which covered maintenance that can be enforced up to the point where the matter was referred to the CSA. But the letter he wrote when you separated is unenforceable. Similarly anything that was said about child maintenance on the divorce paperwork is unenforceable unless it became part of a consent order.

Lovemy3kids · 03/11/2013 20:07

Thank you. There is a court order against him for the costs, but it would cost me to enforce this?!

So, realistically, there is nothing else I can do apart from let the bastard get away with it?! Angry

I thought there may be another path that I could take?

OP posts:
Mummybookworm · 03/11/2013 20:14

OP - have pm'd you.

Lovemy3kids · 03/11/2013 20:41

Thank you mummybookworm I have replied :)

OP posts:
prh47bridge · 03/11/2013 21:56

Yes there are costs involved in enforcing an order but you would be able to recover them from him.

bibliomania · 04/11/2013 10:46

Have you tried getting your MP involved? He/she can breathe down CSA's neck and it might stir them up a bit.

Lovemy3kids · 04/11/2013 13:52

Yes I am considering the MP involvement too...thank you :)

OP posts:
Lovemy3kids · 04/11/2013 13:54

prh47bridge I only know his works address as he has recently moved, can they be sent there? Or does it have to be where he resides?

OP posts:
babybarrister · 05/11/2013 21:18

This reply has been deleted

Message withdrawn at poster's request.

LaurieFairyCake · 05/11/2013 21:20

Follow him home so you get his address. Or get a mate to do it for you.

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