csa help

[EagleRiderDirk]

Hi all,

I've tried googling but I'm not having much luck, so I'm hoping someone here can help.

My friend and her ex split before lo was born. Ex isn't a nice character at all, but df tried to get him involved in lo's life. He started seeing lo, then claimed lo wasn't his. Csa ran DNA and unsurprisingly lo is his. He started seeing lo again but he then began showing up at random hours demanding to see lo, lo be woken if sleeping, demanding df dropped plans whenever he decided to see lo (and screaming she was denying contact when she either didn't get a message in time or continued with her plans). Lo seemed to be suffering from lack of routine so df told ex that it wasn't fair on any of them, especially lo with the current situation and that they should both set aside regular times for lo.

He went absolutely nuts at her, and disappeared for a few weeks. Somewhere in the middle he was made redundant (he knew it was happening before of course). He then got very abusive with her, and then left the country for a new job.

That's the background anyway.

Problem is now that he's advised the CSA of his redundancy, but as far as df knows not his new job. Ex won't give her any details on the job, and CSA won't tell her much obviously because of data protection but rewarding between the lines they didn't appear to know about new job. So csa now say they aren't in a position to confirm she isn't be paid voluntarily, but also aren't confirming if they are recalculating or what's happening. Oh and obivoisly he's told her to EFF off and she's not getting anything.

So here are the questions.

• even if they only know about his redundancy should they not be informing Df of the possibility there won't be payments?
• as contact has now ceased between then, what happens if he returns to the UK and earns? Will the CSA automatically pick this up?
• if they don't can Df periodically ask them to reassess? If so, how often?
• anything else df can do?

Apologies if Dd is written anywhere, autocorrect seems to prefer it to df.

Many thanks in advance.

The CSA don't have the powers to enforce CM when the non resident parent lives abroad unless they work for a UK based organisation. However the courts can make a court order for child maintenance and there are international agreements to enforce payments.

If there is a court order and a NRP living abroad manages to evade paying CM (e.g. because the live in a country where there are no reciprocal arrangements for enforcing maintenance orders) a charge can be placed on assets here in the UK or arrears may be enforced when they eventually return to the UK. Orders for CM aren't backdated to before an application so your friend would be well advised to see a solicitor and get the ball rolling.

Wow - I knew about CSA not enforcing except for a UK based company but not about court order and possible arrears. That is fantastic info. Thank you.

Your df is very lucky to have you as a friend x

STIDW, I think you've missed a couple of things...

Parents can arrange maintenance themselves, by getting a 'consent order' through a court - so if there is already one in place, then df will be able to take court action to enforce it... But, it doesn't sound like there is... And if/once the resident parent is using the CSA, then only the CSA can enforce payment - the parent themselves cannot.

Assuming there isn't a court order and the CSA are the ones pursuing maintenance... The CSA can only take action if (a) an assessment has been done and (b) the NRP has been found liable. In this case, the NRP notified the CSA that was made redundant, so his liability ceased. Then, although he started a new job, there will have been no new assessment because he is not in the country - and so he is not actually legally liable. He will be assessed as having no liability from the day he leaves the country.

It's infuriating!

Your questions, eagle...

• even if they only know about his redundancy should they not be informing Df of the possibility there won't be payments?

They won't give advanced info. They will write to your df to tell her payments have stopped. They probably won't even say why.

• as contact has now ceased between then, what happens if he returns to the UK and earns? Will the CSA automatically pick this up?

No. The CSA are generally pretty crap, and they do not automatically monitor either borders or NI/tax payments. If your friend gets wind of him re-entering the country, she will need to tell them, and provide an address and/or name of employer before they will take any further action. They will need to make a fresh assessment of Ex's liability based on his circumstances.

• if they don't can Df periodically ask them to reassess? If so, how often?

Yes I think so. I don't think there's a rule about how often. There needs to be a change of circumstance.

• anything else df can do?

Get a free half-hour initial legal consultation (or have these been done away with?) :( ) to check facts. I am pretty sure they will say there's nothing that can be done except take out a contract with a hit-man ... :(

Gov.uk website info.