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CSA - Criminal Investigations & Variation Orders

4 replies

annie7780 · 05/07/2012 17:56

I have been getting just £6 per week per child (i've two, one disabled) on and off for years, challenging the CSA to reassess my exhusband. Eventually CSA did criminal investigation on ex in 2010. Outcome still £6 per week.

2 yrs on, my MP wrote to CSA & Complaints Dept rang me. I asked what was done in the criminal investigation. They are interviewed in their own home. No interview under caution or tape recorded. Therefore no record of what questions he was asked, or his responses accurately recorded.

Contrast this with Benefits Agency's criminal investigations where anyone suspected (not proven) of claiming benefits whilst working, is cautioned during tape recorded interview at the Benefit's Agency. Not in their home!!

I was then told the outcome of investigation on my ex, was not documented in my file & are now trying to trace this. But this latest caseworker states again, they solely rely on HMRC tax returns where father's such in my children's case, are self employed.

At this late juncture some 10 years on, I've been advised I can apply for a Variation Order. How does this differ from an Appeal and why don't the CSA refer to this in the mounds of paperwork I've received from the CSA following assessments etc? No-where does it talk of a Variation Order & I am particularly angry about the fact the CSA have been told repeatedly by me his earning are more than what he is claiming, and all they offered were reassessments?

Has anyone else had this problem with the CSA failing to inform about Variation Orders and are they helpful?

OP posts:
Are your children’s vaccines up to date?
lovedlots · 10/07/2012 11:10

Hi
Maybe put this question on Legal?

Bongobaby · 10/07/2012 22:18

Annie, The csa won,t tell you of applying for a variation as they find it hard work. But this is your best option to go for it. When done they will have to apply a default amount he will have to pay. Because he is self employed and probaly not filing any tax returns or filing the right amount. Its hard for them to get this information if he is not suppying it truthfuly.

The variation is very helpful for you because there is no point telling the csa that he is earning more than he is claiming without asking them to vary it. You go along the lines of his lifestyle is beyond his means. Therefore you want to have the variation applied because of this. They will do this and once the default amount has been set and he doesn,t pay it at all, It then builds up in arrears, Which then means they are on his case to pay the arrears off.
Court action is the next step to recover the amount. They will not chase him at all if he is continuly paying the £6. But once the default has been applied he will have little choice to pay it or it,s off to court for his evading arse!!

He is being very silly really because they can dig deep into his financial affairs and he could even end up with a backdated 10 years worth of payments because he has choosen to be eventful with the truth. He will come unstuck in the end. You just need to persevere with it and please make the variation order as soon as possible. Hope this helps somewhat.

makemineapinot · 10/07/2012 23:33

Bongobaby - can you do this variation order throught he csa in Scotland? Even if m ex lives in England? Am hoping this will help me too- sorry for jumping on your thread Annie x

STIDW · 11/07/2012 03:08

Social welfare is a reserved power for the UK Parliament so the CSA rules are exactly the same in Scotland as England & Wales.

Initially the CSA does a basic assessment and it is then up to the Parent With Care to apply for a variation if they think it is wrong. Grounds for a variation would be living a lifestyle inconsistent with his declared income, diverting income to prevent you claiming child support or having assets worth over £65k excluding his home.

IF the CSA has made a mistake you may be able to claim compensation through the maladministration dept. Also it's worth speaking to your MP.

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