HELP! Is DP facing a custodial sentence over CSA arrears/Magistrate's Order?

[Dummymumm]

Last week a baliff came looking for DP to tell him they had a Magistrates Order(?) for DP's CSA arrears for dc with his exP. The order is for several thousand and we just cannot afford to pay it. Baliff will not negotiate instalments. We cannot get legal aid or tax credits yet we just cant afford to pay a solicitor to deal with this either. The reason we fell behind is that money paid to CSA still counts as money 'in our pockets' iyswim for benefit (tax credits, legal aid, etc) calculations and we would be MUCH better off financially if he gave up work and claimed dole. Then the CSA would only be able to take a max £5pw yet all our rent etc would be paid. Bankruptcy isn't an option as this type of debt isn't wiped that way. We're both scared! Any advice or experiences in this?

How long is it since DP paid any child support?

I think there are a few magistrates on here
who may help.

bumping for you z

contact the CAB
and get a free session from a solicitor

both of dc stay with us every weeken fri-sun. eldest is over 18 and youngest is 13. we also have 2 dc under 2yrs. eldest takes £50pw cash home to their mum. eldest is working and earning left school 2 years ago but until she writes to CSA to inform them then we still get charged for him as if he was at school. we are not allowed to request a recalculation it has to be her (apparently it's because original calculation is under 'old rules' - CSA told me this directly) we are left with £40pw after rent and bills are paid and this has got to cover food, clothes and looking after all 4 dc at weekends. incidently, she was having an affair while he was out at work providing for her and their kids and he and dc caught her when they arrived home early one day. eldest has spoken to me about this too so it's not just a cliche. they split up 11 years ago. she works, her dp works, they have 2 new(ish) cars on their drive and go on holiday abroad more than once a year. we are paying her so much money that we cannot afford a sun hol! this money would go straight into her pocket (if we had it). baliff is saying if we don't pay then dp is going to be sent down. cant get through to cab been trying for over a week left messafges etc, and the nearest one is 9 miles by 3 buses with a double buggy!?! only certain solicitors will deal with it and next appt is next month at the earliest. any legal prof's on here? is a magistrate's order same as ccj? if so can he apply to vary the order and court decide if instalments are acceptable?

bump

He knew about having to pay for his children when he decided to start a second family. The second batch of children do not take precedence over the first and your dp has inflicted this financial strain on himself so its kind of hard to be ultra sympathetic here about his circumstances.

It's hard on you because you set up a family with a man who already had financial commitments for his first family but you did know about them when you decided to start your own family.

By the way, you don't pay her, your dp pays for the upkeep of his children.

You have ignored this and left it a bit late to be contacting a solicitor but here's hoping the CAB can help a little.

One extreme thought is, if CSA payments are based on your dp's income, could he give up work and look after your 2 children and could you get a job to support your family, assuming the CSA will not be able to take any money from you.

Were you not informed that the CSA were going to court to obtain a magistrates order?

I got a parking ticket last year that I argued as unfair. In the meantime the council went to court and obtained a magistrates order against me and passed it to baliffs.

The first I knew was when the baliffs sent a letter. They were most unhelpful but I phoned the courts who sent me some paperwork. I had to take it to my local court and get it signed and the intention was that it was then I had to send it back to the original court. They then organise a re-hearing based on my and the councils evidence.

I still had the original issue to sort out but the baliffs got off my back!

Message withdrawn

Your circumstances and those of your partner's ex are largely irrelevant. Your partner owes the money, and it is up to you both to come to some resolution to make sure it is paid. Harsh, but true. Sob stories will not help you get advice from anywhere, be it here or a solicitor. Plain facts will though, straighten it all out in your head then get onto the CAB or book a preliminary appointment with a solicitor, they're usually free.

Good luck.

Why hasn't he paid?