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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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I am being forced by the csa to sell my house

Resolved Question:

I am being forced by the csa to sell my house
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much are the arrears and how did they arise?
Clare
Customer: replied 3 years ago.

The arrears are £8,629.50 and when we split i gave her £20,000 as a settlement and then she went to the csa and also stopped me seeing my boys so i wouldn't pay because she wouldn't let me see them

Expert:  Clare replied 3 years ago.
Hi
Do you now understand that maintenance and contact are not linked?
What proposal di you make for payment?
Clare
Customer: replied 3 years ago.

Im self employed but have 3 prolapsed discs at the base of my spine so im on the sick at the moment and only receive £71.70 a week so i offered £5 a week until im back on my feet

Expert:  Clare replied 3 years ago.
Hi
What equity do you have in the property and what other assets are there?
Clare
Customer: replied 3 years ago.

equity is around £30,000 and there isnt any other assets but i don't want to sell my house thats why i offered to make some sort of payment until im back on my febet then i'll be able to pay more

Expert:  Clare replied 3 years ago.
Hi
How much did you earn last year?
Clare
Customer: replied 3 years ago.

i earned £8,400 last year

Expert:  Clare replied 3 years ago.
Hi
How many years to the arrears date back?
Clare
Customer: replied 3 years ago.

not sure around 8 years but haven't always earned £8,400 a year it was much less around 6,000 a year

Expert:  Clare replied 3 years ago.
Hi
Who else lives in the property?
Clare
Customer: replied 3 years ago.

nobody just me


 

Expert:  Clare replied 3 years ago.
Hi
When is the Court hearing?
Clare
Customer: replied 3 years ago.

i haven't got a date yet just a letter saying to pay or they'll force the sale

Expert:  Clare replied 3 years ago.
Hi
Have you actually made any payments to the CSA?
Clare
Customer: replied 3 years ago.

no cause i gave the ex £20,000 and then she stabbed me in the back and went to them and she also has played games with the kids for 9 years now so i won't pay for kids when i don't see them why should i give her more money when she won't even let me see my boys she won't even let me drop a birthday card off cause every time i try i have the police at my door the next day so why should i

Expert:  Clare replied 3 years ago.
Hi
I am sorry - whilst I understand how you feel the two matters are not linked and your deliberate refusal to pay the CSA over the years means that unless you are now able to raise the funds it is likely that the Court will Order the sale of the property
Sadly they will say that you could have gone to court to deal with the contact issue - and indeed with regard to the £20,000 and that this was no excuse not to pay maintenance
HOWEVER the actual arrears are relatively small and if you came up with a plan which would see them cleared within two years then the court MAY be willing to consider that instead
Sorry to give such bad news - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you