Child maintenance arrears
3 November 2020 at 12:35 pm #45294
Looking for some advice regarding child maintenance.
Ex has large arrears of £30k that has been added to the account after I had to take him through the tribunal. He has a yearly income figure of over £100k per annum (this includes declared and undeclared income). Somehow he has negotiated with CSA to make payments of £100 p/m for the arrears?!? How is this possible? Is there anything I can do about this? Can I take him through the civil route as this is money owed? At this rate it will take 30 years for the debt to clear.
Any advice will be greatly appreciated 🙂3 November 2020 at 3:24 pm #45303
Hi, CSA have obviously made this arrangement and ex has convinced them thats all he can afford.Is he making regular payments as well as arrears? does he now have another family that he supports?In my experience, once it gets this far that its been down tribunal route, accessing bank account etc.Csa are well aware of his earnings and savings, and if ex earns what you say he does then £100 a month doesnt make sense.It is also my understanding, that you wont get the arrears, are you aware of that?3 November 2020 at 6:29 pm #45306
Is he paying a decent amount of maintenance on top of the arrears? In the letter confirming your payments did his income figure look about right?
The only way the cms will review his payments is if you have evidence that he gets paid more or that he’s living beyond his means. My ex used to pay £5 a month until i proved to the cms he had an undeclared income and he was obviously surviving on more than he said he was, all of this information was readily available on facebook and i provided the evidence to the cms. I also reported him to the hmrc for not paying tax, i now get £120 a month.5 November 2020 at 7:04 pm #45440
Thank you for your reply. Ex is making regular payments. He does not have a new family that he supports. £100 does not make any sense whatsoever. You mention I won’t get the arrears….can you please explain this as I have spent a lot of time, money and effort going through the tribunal process to get back the money my child is owed and rightly deserves. So what happens to the arrears on the account? I thought CSA have a 2 year period in which to retrieve outstanding amounts.5 November 2020 at 7:19 pm #45442
Picklepie24 thank you for your reply. Yes he is paying a decent amount but that is irrelevant as the arrears are money which my child should have had access to from years back when the ex was being dodgy with his income.
CSA are utterly useless. I have given them much information in the past which they have disregarded.
If anyone has had any luck with retrieving arrears please get in touch!
thank you 🙂5 November 2020 at 7:42 pm #45443
susycole.My children are 18 and 15 and my ex husband owes 35K I have been to hell and back and made myself physically ill fighting with the csa.Solicitors, MP citizens advice.Even going as far as hiring a private detective to take photos of him working and spending when my children have no shoes on their feet.All debt will be written off and you should be notified to ask if you agree with this, of course, you will say no but the facts remain, csa do not have the power to make people pay.Sorry6 November 2020 at 7:09 pm #45464
I have £4k of arrears, should be 4 times that but he never kept a job longer than a month so (before the invention of ‘realtime information’ where pay info is now sent directly to the hmrc weekly or monthly) they could never track him down. When the case was with the csa he had the bailiffs sent to him twice both times he fobbed them off and nothing happened. My case has been going on 12 years, he left me in £30k of debt and although the chances of getting the arrears back are pretty much zero but i know it annoys him that i won’t write off the arrears so that makes me feel better. He currently doesn’t pay anything towards the arrears I was just happy to get the £120, although as he’s neglected to pay this month so i may reconsider this. He hasn’t seen our daughter since she was 4, she’s 15 next week he just doesn’t have any interest in her (his words)
Unfortunately the cms can only assess on the income that is declared, if you believe he is lying and you have proof you can appeal. The whole system is pretty poor and the cms who were supposed to have more powers than the csa but i haven’t seen any evidence of this. The only time they have asked if i want to write off the debt was when they were changing fro the csa to the cms, i said no and the debt was eventually transferred across and my arrears have been building over the last 12 years.10 November 2020 at 11:05 am #45534
champagnemoet thank you for your reply. I’m sorry to hear of your struggles and stresses. Does ur ex have a paye job or is it an declared job?
I don’t understand the system…why does CSA make out they have all the power to retrieve money from those that don’t pay ie deduction order, lump sum, liability order etc. Why is there a tribunal process if at the end it will mean nothing?10 November 2020 at 11:19 am #45535
picklepie24 thank you for your reply. Hearing real life stories is disheartening.
Is it worth getting in touch with the MP, complaints team etc. Will this get me anywhere?
Does anyone have any success stories to share?10 November 2020 at 12:45 pm #45537
Hello again.My ex wouldnt get out of bed for a low paid job, he never has.He works on a casual basis doing manual type jobs ie building, driveways etc.He will work for a few months and paye his tax and insurance as though self employed.As soon as the weather gets bad ie winter, he goes onto dole.He stops avoiding the csa at this point and when he is contacted, he informs them he is on dole.i then get £28 a month for my beautiful children one of whom is a 1st year medical student.Text books alone £60 each, which as a very proud Mom, i feel is my duty to purchase.Like i said, i have been to hell and back and am no further along> When he goes back to work ie when weather picks up, he doesnt tell anyone and the dole office are slow to inform csa, by the time they have several months have elapsed and he just avoids them again.The only thing i get from csa is a letter telling me i am entitled to approx £400 a month, this is very painful as i actually get nothing.I contacted my MP years ago and she was helpful in the sense that csa responded to my complaint and acknowledged me, but it made little difference.Facts remain, that men that abandon their children have the same nature.Although they havent made any difference, the citizens advice are helpful in explaining it all.1 June 2021 at 12:33 pm #54791
The CMS are limited to act under the Child Support Act 1991 and Child Maintenance Calculations Regulations 2012. It is the Mandatory Reconsideration process that is flawed and complicated. It allows paying parent to hide/disguise their true financial situation. The receiving parent has to try and produce proof that the paying parent has more income or funds available. I believe Child Maintenance payments should be reviewed every 6 months and paying parents should produce bank statements as well as P60s and Tax returns to show their spending patterns and they should submit financial accounts of any companies they own and are director/shareholder of.
What I can’t believe is how CMS think reducing the monthly payments from £150 per week to a mere £10 per week per child is “not to the detriment of the children”. It happened to my family and it affected my children’s and my own health and wellbeing and self worth. I am currently appealing through First tier tribunal against the payment decision plus over £10000 arrears.
Susycole definitely contact your MP. The more of us that do highlight the limitations and inefficiencies of the CMS the better. Also to highlight the lack of transparency in paying parent’s actual income as an individual and as company director/shareholder.
The new loophole is director’s loans. A very clever and deceitful way for directors and shareholders to subsidise their lifestyles without declaring an income (PAYE or Dividends).5 June 2021 at 12:19 am #54952
My ex and I agreed a child maintenance amount 3 years ago . I have never missed a payment since since then . I also assist my ex buying the kids uniforms plus other activities eg. Piano, Ballet etc. Shame on you rotten men who avoid paying what’s due to your children.
For all single mothers chasing for child support from your exes I wish you all the best! How can someone pay £10 each week for a child? I m baffled.