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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi , i was paying my EX money direct thou the bank but

Customer Question

Hi ,

i was paying my EX money direct thou the bank but in Jan 2012 she asked if i could pay for her car tax, insure, MOT which added up to 1400 which she said take it of the weekly payment in till we get up to 1400 but now I've CSA on to me at the moment now asking for payments but i've told them she had the money ......... do i let it go to court and tell them the same ? thanks
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question.
I am afraid that unless your ex agrees to tell the CSA that she asked you to do this then you are stuck.
The CSA will not accept any deductions from Child Maintenance - and you certainly do not want the matter to go to Court as you will then find that they can deduct the money directly from your wages.
In stead you should tell your ex that unless she confirms the position to the CSA then you will sue her for the money that you lent her
Claire
Customer: replied 4 years ago.

Hi Claire


 


Thanks for that info is that the case even if i'm self employed because they cant take it from my wages ?

Expert:  Clare replied 4 years ago.
Hi
Then they can take it from your bank - or even confiscate your passport or driving licence.
Do NOT risk it
Claire
Customer: replied 4 years ago.

I've gone down the route of sueing had a judgement make against her and she still wont pay it

Expert:  Clare replied 4 years ago.
Hi
When did you get the Judgement?
Claire
Customer: replied 4 years ago.
It's about a month ago now
Expert:  Clare replied 4 years ago.
Hi
I am sorry I am confused - when did you start deducting money from the CSA payments?
Claire
Customer: replied 4 years ago.
It was from jan 2013
Expert:  Clare replied 4 years ago.
Hi
Sorry - if you were already deducting it why did you sue her for the money?
Claire
Customer: replied 4 years ago.

Because she got CSA onto me and haven't told them about the money i given her

Expert:  Clare replied 4 years ago.
Hi
OK
Well you have to pay the CSA in full and also pay any arrears.
If you have a Judgement against your ex for the amount that she owes you then you can apply to enforce it using one of the methods set out here
http://www.smallclaims.me.uk/enforcement.htm
You may wish to consider the third party charging order against her Bank account
Claire
Customer: replied 4 years ago.

Hi ,


 


How do you go about the third party charging order against her bank account ?

Expert:  Clare replied 4 years ago.
Hi
Details here
https://www.gov.uk/make-court-claim-for-money/enforce-a-judgment
Claire