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Did you know that our Government is now lifting children out of poverty by making other children homeless

162 replies

Twinklemegan · 08/08/2007 21:13

I just want people to know about this as it is so so shocking.

For the past few months the Government has been ordering the CSA to take out court orders against absent parents who are complying with existing agreements. This occurs where arrears cannot be paid back in two years. There is no mention in the enforcement guidance of ensuring that any other children do not lose their home or suffer other severe hardship as a result. The Government will try to recover arrears through the courts even when they are outside the legal time limit and has powers to force an absent parent to sell their home.

Even the CSA does not agree with this!

OP posts:
localgirl · 08/08/2007 22:25

Desi is def. wrong. Just because she believes it is a bad law, it doesn't make it unenforceable. TM , all a liability order does is get the amount of debt recognised in law. So the CSA do have to prove before a judge that someone owes the money. Once that is established in law, it can be collected by various means, eg bailiffs, or via bank accounts or by forcing the sale of a house. I'm not saying this is what will happen to TM but it is what the law states can happen and it sometimes does. For info - the CSA will be replaced by another organisation called CMEC in 2010, Parliament has given permission for this to go ahead, in the meantime, the CSA has all the powers it ever had to enforce legally accrued child maintenance debt.

Desiderata · 08/08/2007 22:27

Ummm. Ok, ignore my advice.

After all, what do I know? I just have the four step-children.

localgirl · 08/08/2007 22:28

Harman, Criminal Compliance teams deals with people who either have failed to supply or have supplied incorrect info to CSA as this became illegal in 2001. Prior to that it was not illegal to lie to or not give CSA info

harman · 08/08/2007 22:30

Message withdrawn

Twinklemegan · 08/08/2007 22:31

Localgirl - all this debt was incurred before 12 July 2000, so what are they playing at?

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Desiderata · 08/08/2007 22:33

I am not wrong. I am 42 years old and I am clever. The government is there for the people. If the people disagree, the government is fucked.

We outnumber them, you see?

Do you remember the poll tax?

We have no written constitution.. Ergo, anyone (weirdo) who agrees with the government line, must work for them.

Twinklemegan · 08/08/2007 22:33

Harman - as I've said, I don't personally want sympathy. We're dealing with this, and it sounds like they're on exceedingly dodgy ground. But the point is a child is a child, no matter what their parents have/haven't done. They should all be equal in law. No child should be threatened with losing the roof over its head by the Government of all people!

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localgirl · 08/08/2007 22:34

If someone fails to supply info,or gives false info it is classed as a criminal offence and you can be fined up to £1,000. Also they can put a penalty assessment on you which bears no reality to your income, known as a default maintenance decision or a DMD. Then this starts accruing and if you don't pay it they can get a liability order and enforce it in law.

harman · 08/08/2007 22:36

Message withdrawn

Twinklemegan · 08/08/2007 22:37

Was that to Harman LG?

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Twinklemegan · 08/08/2007 22:37

Ah yes, sorry.

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localgirl · 08/08/2007 22:38

TM if all the debt happened over 6 years ago, you need legal advice. As I said I don't work for enforcement and only know general stuff about it. couldn't anyway give good advice without knowing whole history of case anyway. Good luck with it anyway.

Desiderata · 08/08/2007 22:41

Hmmm, well I seem to have sent half an hour of my life on nothing.

I don't do drama queens. So, if you want your day in court, then so be it.

gomez · 08/08/2007 22:42

A debt older than 6 years can be chased as long as you have been contacted within 6 years about it - for example if a debt was incurred on the 1st Jan 2000 and you didn't hear from the debtor until the 1st Jan 2007 then that debt would not be enforceable. However if they advised you on the 31st Dec 2006 that you were due the money then the debt becomes enforceable.

oldhaginscotland · 08/08/2007 22:43

What?

K, let me get this straight.

When you marry someone who has kids from a former relationship/marriage, you don't just marry him, you marry those kids, too.

Don't see it this way?

Um, you've got some ishoos. And they're not the kids'.

When you chose to have children with such a man, you must realise, he has other obligations.

Twinklemegan · 08/08/2007 22:44

Oh for god's sake Desi. I'm not a drama queen. I'm taking the opportunity to talk to someone who has inside knowledge of how the CSA works. I know they haven't got a leg to stand on because the debt's so old. But it the CSA/Government is deliberately trying to scare people into paying up when they've no right to demand the money in the first place. That's wrong IMO.

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tatt · 08/08/2007 22:46

when kids are actually made homeless then I'll have some sympathy for the children. But it ain't going to happen. A court might possibly order an absent parent to sell their mansion and buy a smaller home if they didn't have kids. They won't order a normal family home to be sold where a family would be made homeless.

If there are substantial arrears then AP was probably paying a pittance to their family.

Twinklemegan · 08/08/2007 22:46

How's about if you've been contacted and have been paying it off (slowly). But now suddenly asked to pay the full amount more than six years after it was incurred.

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Twinklemegan · 08/08/2007 22:47

AP pays what he's asked to pay. Would be stupid to pay any more than that, especially when a voluntary agreement has been offered and rejected.

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Twinklemegan · 08/08/2007 22:48

Will you please all stop addressing this at me? I am trying to raise awareness of an issue that seems to be pretty unimportant to the rest of the population but is pretty damned important to the children involved.

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gomez · 08/08/2007 22:50

TM - you have acknowledged the debt by making payments the 6 year rule is irrelevant. Keep making your payments as agreed and if the CSA proceeds to court they will be told to bugger of the the magistrate.

localgirl · 08/08/2007 22:52

TM I think I initially misunderstood your question about the 6 year debt. The debt doesn't become non collectable just because it is over 6 years old. That only applies in some circumstances if the CSA has never contacted the person about that debt and they never knew it existed - (then I think it is harder for them to collect it, but if the person knew about it they can and still do pursue it) The debt can and often does take over 6 years to collect - some mothers have complained that CSA lets fathers take until their children are grown up to pay off the arrears, and that is why the CSA is now having a big push to get that money quicker to the mothers or carers of the children rather than letting the non resident parent take a long time to pay.

Twinklemegan · 08/08/2007 22:52

Thanks Gomez

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gomez · 08/08/2007 22:53

Maybe because you due attention to this from a thread where you stated you were in this situation. I have given you some, I thought, helpful facts this evening which I felt would reassure you - obviously not. I won't bother trying to answer any more of your questions.

Freckle · 08/08/2007 22:53

The law regarding recovery of an outstanding debt (this applies to normal debt, such as credit card balances, utility bills, etc., it may be different for child support) is that the ability to issue court proceedings in respect of that debt dies six years since the debt was last acknowledged by the debtor. So, if the six years is almost up and the creditor contacts you, provided you don't acknowledge that you owe the money before the six years expires, they can do nothing. If, on the other hand, you have acknowledged all along that that money is owed, even if it was incurred 10 years ago, they can recover it through the courts.

There may be different laws relating to child support (as there are relating to mortgages where the cut off date is 12 years).

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