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Original poster

CSA taking DH to jail. HELP I need advice

43 replies

sockmonkey · 01/03/2007 17:26

DH has arrears with CSA payments from his first marriage as he was in & out of work. When we agreed that the kids could be adopted by their step-father we were told that the case would be closed and the matter dropped.
They have now come back saying we owe over £3000 in arrears and they are taking the matter to court tomorrow, to get a liabilty order, which means they can take him to jail for non-payment.
DH is out of work, and we are living (barely) on benefits, and just can't afford the £125 a month that they want.
We have offered to pay them the money we can afford to each month and they have basically told us it's the full amount, £125 per month or jail time (then he still has to pay).
I have 2 little boys who need their daddy. Can antone offer any advice. I am so deperate here.

OP posts:
fireflyfairy2 · 01/03/2007 17:30

I am so sorry.

I don't see why they won't take what you can afford. After all, they cant have what you haven't got. [if that makes sense]

I hope something can be sorted out. By the way, is it his ex that is doing this? Or the CSA?

Original poster
sockmonkey · 01/03/2007 17:34

It's the CSA. They have told us that they & council tax are the only 2 agencies with the power to do it. Those are the only options they give. I am so scared.

OP posts:
fireflyfairy2 · 01/03/2007 17:40

BUMPING for someone who may know about this & be able to advise you further.

nightowl · 01/03/2007 17:50

dont panic just yet, a liability order does not automatically mean he's going to jail. when are the arrears from? did he pay his maintenance when he WAS working? have they sent you correspondence that you've ignored?

Original poster
sockmonkey · 01/03/2007 17:53

He paid when he was working yes.
He has been getting letters for a while, but had not told me cos he didn't want to worry and thought he would soon have a job and be able to pay.
When I found out I have been calling like crazy and making him call too. He does tend to burry his head in the sand.

OP posts:
Original poster
sockmonkey · 01/03/2007 17:55

The arrears are from over 4 years ago.

OP posts:
Aimsmum · 01/03/2007 18:04

Message withdrawn

nightowl · 01/03/2007 18:06

this doesnt sound right at all. i can only tell you what ive experienced from the other side as such.

my daughter's father has always been in work. he has never paid the csa. it took them a year and a half maybe to get a liabilty order on him as he had ignored all their letters. the liabilty order was for the first year he owed. it has taken them up until now to recover the first year's money. ive been told that they will need to get a liabilty order on him for the next year he owes and once that money is recovered it will all go through the same again (he owes three years at present).

this seems like an extreme thing for them to say, they try all sorts of other things first, including sending the bailiffs to your door.

yes apparently they have the powers to send him to jail, remove his driving licence etc but ive never heard of this happening.

Original poster
sockmonkey · 01/03/2007 18:07

they must be. We have asked them to check the calculations and make sure he owes it. They are very sure.

OP posts:
Original poster
sockmonkey · 01/03/2007 18:08

It's not that we aren't willing to pay, we want to pay, but they want it on their terms and we just can't meet them.

OP posts:
Greeves · 01/03/2007 18:14

I would:

a) get a basic income/expenditure form from the CAB and ask their advice on how to complete it and how much to allot for food/expenses etc

b) Send a covering letter declaring your (well, his) legal intent to pay this debt, enclosing the income expenditure form (which will show how much you can reasonably afford to pay) and explain that you are "seeking independent advice" on how to manage the debt

c) Enclose also a cheque for a fairly token amount (whatever you can afford) as a gesture of goodwill and intent to pay

This course of action has always worked for me in the past when it comes to getting people to call the dogs off. The CAB are brilliant, do get their help. I haven't got experience of the CAB but I have intimate knowledge of how the Council Tax default system works and this approach has made them calm down and discuss a sensible solution, even after bailiffs have come to the house once and been refused entry.

nightowl · 01/03/2007 18:15

when were the kids adopted? did you ever receive written confirmation that the case was closed?

Original poster
sockmonkey · 01/03/2007 18:22

Greeves... DH has gone through our income & expenditure. They know our circumstances.
We are giving them a lump sum , but they just seems unwilling to bend on how much we need to pay.
The CSA have confirmed the addoption and taken all that into account.

OP posts:
ScoobyDooooo · 01/03/2007 18:26

I would go to the CAB as maybe they could help you with some answers. Just send a cheque for a payment anyway because then if it does go to court it does look like you are trying to pay some money IYKWIM

charliecat · 01/03/2007 18:28

Sockmonkey
We had similar at the start of the year. Dp owes £1800. They demanded in in one go, or £180 upfront and monthly payments.
Dp was only earning £140 a week so to give them £180 left us with nothing for food, gas eleccy petrol bills for the week
But we paid it and they are taking it at £9 per week now.
They wouldnt budge with us either, thankfully the £9 a week is reasonable.
You have my sympathy.

nightowl · 01/03/2007 18:30

well csa base your payments on what you earn so how can they say he owes so much when he wasn't working? i dont understand this. [puzzled].

Original poster
sockmonkey · 01/03/2007 18:37

DH had a bit of a bad run with jobs, he got made redundant a couple of times. (I guess his luck with work doesn't change).

Charliecat - that does offer us a bit of hope I guess.
I honestly don't know what I would do if the worst happened. If he gets a criminal record he has even less chance of getting a job. It's not like he hasn't been trying to get work for a long time.

OP posts:
nightowl · 01/03/2007 19:26

did he inform them that he wasnt working at the time/times? or just stop paying them? could he prove it now (am assuming he was claiming some kind of jobseekers, or you had a joint claim maybe?) apologies for my ignorance, have never understood benefits even when i was claiming them. is it possible that would lower the arrears at all?

chocolatebirdy · 01/03/2007 19:35
Angry
Original poster
sockmonkey · 01/03/2007 19:39

To be perectly honest I just don't know. We always seemed to manange without him going on Jobseekers before. It's all from so long ago, I just don't thik we could prove anything now in that respect. This is all a bit beyond me.

OP posts:
TooTicky · 01/03/2007 19:41

enormously good vibes>>

FluffyMummy123 · 01/03/2007 19:41

Message withdrawn

Aimsmum · 01/03/2007 19:56

Message withdrawn

julienetmum · 02/03/2007 00:02

We have had a bit of this sort of thing at work with council tax

What happens is that the court sends us an order to deduct the amount each week from the persons wages. If they earn less than a set amount per week we don't deduct anything. If they earn over that amount there is a formula to work out what to deduct.

As your dh is on benefits they may well deduct any amount he gets over this direct from his benefit but it won't be the full amount.

nappyaddict · 02/03/2007 00:11

surely if the kids have now been adopted he doesnt have to pay for them?

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