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what will happen..court over child support agency payments?
does anyone have advice on what to do, my husband has had a court letter because CSA are saying he needs to pay £30,000 for his first child, they have not pursued it before as he thought everything had been sorted, the mother was quite happy to receive things for the child (he's 16 now) like school trip money, gifts, anything that he needed really and the grandparents(my husbands mother and father) would take them both (mother and child) on holidays and days out and let them sleep over, now the CSA want the money for the whole 16 years which we dont have, we have 4 children together and have been together for 15 years, although i have not done much with my husbands first child he has given him anything he's wanted and i have not got in the way of that at all, now my husband is woried he could go to jail if he does not pay this money, we would have to sell our home to get it.
when the child was a baby my husband had a letter but had asked the mother to tell them that he was giving money direct as he thought the
csa would of had a cut of it, and that was the last he heard of them until now 15 yrs later!!
just 2 add, it was a 1 night stand and he didnt run away, he stuck by the mother and is there when ever they need anything, we have been together 4 15 yrs and have 4 children. and when we split up for a year inbetween he was not contacted to pay 4 my kids so that shows that some people are getting away with it and others that are trying get the raw end!!
5 Answers
- Anonymous1 decade agoFavorite Answer
This is a major problem also here in the US. A guy is supporting his child, without a court order, than years down the road, he gets hit with retroactive child support and everything he gave is consider a gift. Most often, this happens when the mother is collecting government aid while claiming not to know where the father is. Then, when they find out he's been helping all along, the nail him, and not the mother.
http://tinyurl.com/SingleFatherRight
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- pragmatism_rulesLv 71 decade ago
This is what happens when you try to do things cheaply and don't get a lawyer. If he hadn't tried to do things as cheap as possible by getting out of the CSA route 15 years ago, he wouldn't be in this mess now. Now, there is nothing that can be done as he does owe the money (some of that money, I am sure, will include compound interest). I suggest that he get a lawyer to see if there is any way he can have it reduced (unlikely). At the very least, he needs to set up a payment plan that is reasonable to CSA or he could well end up in jail (or forced to sell or mortgage your home (which could happen whether or not you like it)).
You should know though that child support goes to cover the roof over the child's head (rent), food, clothing (underwear, socks, shoes, school clothes and uniforms, play clothes, pajamas, etc.), toys, school tuition fees, books, presents for other kids, utilities, summer camp, day care, babysitting, transportation, etc. And as for the grandparents, what they did was considered a "gift", the normal things that grandparents do with grandchildren that they love. It is not considered "child support".
And even if your husband had been paying child support all along as he should have been, he still would have been expected to provide his son with gifts and contribute toward the little extras like school trips, etc. It isn't enough to give the child "things" as they are only gifts and don't contribute to the child's necessities of life, which the father has a duty to help pay for.
In the end, he is going to have to pay up. He has no choice. If he does not, the first things to go will be his driver's license and passport. And then his income tax returns will be seized (your's too if they are joint). Joint or solely-owned (his) bank accounts and/or assets and/or property can be seized and sold to pay this debt, and he cannot go bankrupt to escape it. Not only that, but if he still refuses to pay, he could go to jail. And then he will still owe the money when he gets out! There is no way to escape it (even if he dies, it will be taken out of his estate)! And the longer he takes to pay, the more interest will add up!
Time for a lawyer, I think...one that is 15 years overdue! Good luck!
- 1 decade ago
You have to established why you thought it was sorted, does your husband have any letters saying that.
If its letter from the court, which will be a liability order, which means the CSA have lodged an application to confirm the debt in law. This would then allow then to get baliffs in etc.
You have a lot to do - firstly you must get some information from the CSA themselves, phone them up to try and get an idea of what is going on but ask them again by letter sent recorded delivery - but you need to get a breakdown of arrears - also you must get all your data protection files (you need to request all your files including telephone calls, under the freedom of information act), these are really important as it will tell what has happened in the case and when, errors or mistakes can be found which may reduce the arrears including sending mail to the wrong address, incorrect calculation of the assessment and so on.
Another important question is to whom are the arrears due. If the ex was on benefits then the arrears will be due to the government and will have to be paid. If the ex was working and not recieving income support etc. then the arrears will go to her. If she is due the arrears the question is how friendly are you with them as she can write them off
Both the breakdown and the data protection files may take some time, certainly well after the court date.
Back to the liability order, its very difficult to fight this especially if you don't have any documentation to support the case. You really need to speak to someone who knows. Try googling nacsa who can help you.
Despite doing what you have, taking the son out and about, buying stuff etc, I am afraid it means nothing to the CSA, they are only interested and therefore only take into account, payments which state that its child support, either a signed reciept from the mother or bank statements with standing orders named as child support/maintance.
Consider making an appeal, sending a letter of complaint and especially involving your MP.
Best of luck
- 1 decade ago
I would get a lawyer to get it reduced, after wards they should set up a payment plan where you can just make a monthly payment. I used to think America was the greatest country on Earth, and that our laws were the most just. Then I graduated college and did some traveling. America is far from the worst, but in alot of ways America sucks ***, this is one of them. I suggest doing what I did put it behind you and move away from it. Leave the sue happy, court obsessed, obese country behind you. There is to much to see and do in this world to be troubled by situations like this. It sounds like the father did his part, and so it is not right for a court to step in and make him pay for not going through them. Do not take me wrong I still love America it was where I was raised and all, it is just not the same America my dad told me about, and I was raised in. A bit off topic, but I stand by it.
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- duplessyLv 45 years ago
OH MY GOODNESS!!! it fairly is uhhh properly i'm perplexed. It amazes me with each and every of the help in the international today appropriate to start administration that a guy and lady would nevertheless be so careless and thoughtless to what they do with their very own bodies. The babies now it fairly is a various situation and pray the final for them.