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Original poster

CSA - exceptional circumstances departure fro asessment criteria

16 replies

zookeeper · 26/05/2008 10:49

Ex dp has been assessed by the CSA as having to apy £5 every fortnight for our three dcs.

And he hasn't even paid that

I've just been reading the CSA bumph and you can apply for a variation of maintenance if there are special circumstances such as investments, equity in properties other than the one he is living in etc etc.

He has loads of equity in his two properties (aside from the one he is living in)and ££££ in the bank so I'm going to have a try though with a heavy heart as he will simply ignore any correspondence and the CSA seem crap.

Has anyone done this with any success?

I would be so much better off now (financially!) if I had married him..

OP posts:
Harra · 26/05/2008 12:47

Hi Zookeeper
I have done just that. My xp was assessed as having to pay me nothing as he has 'no income'. He has several properties and equity in each. I filled in the application for a variation to the child maintanance calculation. Xp was then assessed to pay £70 pe week. He appleaded and it was reduced to £30 per week. I then appealed and it went to a tribuanal. I now get £60 per week (that does take into account xp has ds 2 nights per week). It took me 14 months, lots of phone calls, 3 letters to the Chief Executive. It was very draining but such a relief now. Keep on top of the CSA and document everything. The people in the tribunal was very experienced and fair I found.
Basically look up 18 2 b of some document which states that assest means 'a legal estate or beneficial interest in land and rights over land' and your xp should be assessed on that.
Am happy to answer any other questions. CAB found my case a bit 'complicated' so I did it myself as I had had a massive legal bill from the access side of things so I didn't want to use solicitors. If you get legal aid, get some advice, but I would be reluctant to start paying for advice. My xp is a lawyer himself and tried to use every loophole imaginable not to pay me. Like you I would have been much better off if I had been married. As it is I got nothing from the flat we bought together - evil man. Good luck.

Original poster
zookeeper · 26/05/2008 14:43

Hi Harra

thanks for that - I feel encouraged by that. My ex dp is an is a lawyer too and really has been shocking. Maybe they're the same guy

Mind I'm a lawyer too so they're not all bad {wink]

I'm definitly going to do it - it seems so unfair that he should have three dcs and turn his back on them.

OP posts:
Original poster
zookeeper · 26/05/2008 14:43

definitely

OP posts:
Original poster
zookeeper · 26/05/2008 14:45

was your claim backdated to the day you filled in the form Harra?

OP posts:
Harra · 26/05/2008 15:40

Hi zookeeper,
It was backdated to the day they first thought he owed me money. So it went, I contacted them (CSA) in Jan 07, they contacted him in Feb 07, assessed him as nothing to pay. Reassessed him in March 07 (with the variation form despite me giving them all that info on the original form), he had to pay, reassessed in July 07, he had to pay less, tribunal March 08, outcome backdated to March 07. Hope that makes sense. I did complain that it should be backdated until Feb (when they first contacted him), and they are going to give me £100 compensation. Have yet to receive that though. They made loads of other errors on route such as writing to me telling me my ds didn't live with me.
Good you are a lawyer - you will understand all the legal stuff. I think it is a common trait in lawyers (yourself excluded of course) to not want to pay. A colleague at work has the same problem and her xh is a lawyer. My xp's argument is that he has ds almost 1/2 the time therefore shouldn't have to pay anything. Hope it goes well.

Original poster
zookeeper · 26/05/2008 16:10

thanks Harra - the man has made my life an absolute misery for the last twelve months - he hasn't paid a penny during that time and has seen his dcs to suit him > His sttitude has always been that as I ended our relationship I shoud suffer and he has made every last little thing difficult. I just want him to pay what is due to our dcs.

I will be on the phone to the CSA first thing.

although I'm a lawyer it's as though I've had some sort of brain transplant with my own affairs so I may well be back for support/help!

OP posts:
Harra · 26/05/2008 19:40

He does sound very similiar. My xp was (still is) awful and like you I ended the relationship. When I asked him for money, he said 'ds didn't need anything as he was only 10 months' - that will be fresh air that he is surviving on then!! What a twat. Do know what you mean - always easy to give advice and be logical but when it comes to your own situation emotions always get involved and it is so hard to think straight. My xp was/is just desperate that I don't get any money.
Get on the phone to them, do the variation form as soon as possible (if you haven't already done it) and then phone them every week. I also asked the money to go via the CSA which takes a couple of weeks to get to me, but then if he doesn't pay, as least I don't need to then prove that he hasn't as they will know. So far he has paid what the CSA have ordered him to.
Good luck - get your logical head on and get what is due to your dcs. More than happy to give any further help/support.

Original poster
zookeeper · 27/05/2008 13:47

The form is on its way! Watch this space!

OP posts:
Harra · 27/05/2008 16:26

Well done. If you want to CAT me I can give you my details if you want to phone or anything.

taken4granted · 27/05/2008 19:30

Just wondering Zookeeper and Oharra are you both applying for a s 1 order under childrens act? - im no lawyer - Im doing that as my ex shithead is also being a twat and will be forcing me to move hundreds of miles away anyway when he forces me to sell our house he earns tons i earn v little - just wondering as you are both lawyers what trcik you might advise - and also would you consider applying them to your own situation - with your kids involved now is not the time to be kind (thats the best way I can describe it) let rip girls and if you have any hints pass em on to me !!

Original poster
zookeeper · 27/05/2008 23:25

Hi _i'm looking into this - I've never done a schedule one application in eight years of family law so I think they're quite rare. From what I've read it's difficult to get a lump sum but I am taking advice on Thurday from a cohab specialist to find out more - I know ex can't force me to sell the house I'm in whilst there the dcs need it.

I'll report back.

It's all such a bloody struggle and I am so tired of it.

OP posts:
Original poster
zookeeper · 27/05/2008 23:27

thanks Harra - it's nice to have some support - all my friends seeem to have exes who are reasonable I feel v sorry for myself sometimes.I sometimes wonder what on earth I did to deserve him

OP posts:
micci25 · 27/05/2008 23:33

sorry for the hi jack but the f did wither of you manage to get anywhere with csa?

my dd1's dad denied that she was his we had a dna test paid for by the csa she is without a doubt definatly his and dna confirmed this he said test was a mistake and wanted another one, csa did not allow this. said they would take the first test as right unless he wanted to pay for anothe himself. he didnt as he knows damn well that she is his.

didnt hear anything for ages. phoned them they had lost the paper work could i reapply . did so still didnt hear anything till i got a letter say that the other party had cancelled the calim. phoned up went berserk has to resend forms again

still nothing. went to local mp who wrote to them still nothing. dd1 is now four and i still have not got a penny. did either of you have this trouble with them? my exp has never seen dd1 or made any effort to contact me, apart from to ask for money i owed him for a car i bought of him

Harra · 28/05/2008 10:28

takenforgranted I am not a lawyer but just determined. I did look at schedule 1 of the childrens act with a solicitor but decided not to do it as the court costs would have been about £10,000 (so my solicitor said) which would negate any payment I got. Also the stress would have been a nightmare and as my xp is very determined and diffucult it would have been a massive fight. As it was he took me to court for access (depsite him seeing ds 2 nights per week) and my bill was over £11,000 for that.

micci25 sorry for you situation. Sounds like you have done a lot already. Just keep plugging at the CSA, write to the Chief Executive, ring them every week, it is stressful. Maybe get your MP to write again.

zookeeper know what you mean, my sisters dh has dcs from previous relationship and always pays loads without any hassle. I feel a bit unlucky too sometimes.

Harra · 28/05/2008 21:36

takenforgranted
Have just looked at my notes from last year re the Schedule 1 of the childrens act. The way my solicitor explained it to me was that I could apply for a lump sum of money for ds's needs ie a large deposit for a house but then when ds was 18, xp would be entitled to the money back plus any profit it had made.

If I had no money I might have done that but I had enough money to buy my own place and did not want to be beholden to xp for a property that he would have some legal hold over as I have already lost out big time to him over the flat we had together.

I think there is now something called carers allowance within the act and my solicitor kept going on study days and thought it was very relevant to my case but with the situation with xp didn't think it was the right thing for me to do. But it might well be suitable for other situations.

Sorry your ex is being so awful - seems hugely unfair what you are having to do - hope you are getting some decent legal advice.

Harra · 12/06/2008 15:28

Zookeeper - any news yet? I chased the CSA for my compensation and got a letter saying it should be paid into my account.
My git of an xp tried to appeal the tribuanal decision - he wrote a 3 page letter correcting them on the law. They rejected it.

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