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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33290
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 have been paying CSA payments to my ex wife for our

Customer Question

Hi.

I have been paying CSA payments to my ex wife for our 3 children for around 12 years. She has since remarried and has a child from the new marriage and also moved away so that I do not know where they are and the children are now alienated from me, where I haven't seen them or been allowed any sort of access to them for the last 6 years.

I have been paying the same amount under the 1993 scheme for about the last 5 years. I have debt that I am trying to clear through a debt management plan, and my joint family income (having remarried and with 2 children) just about covers all of our outgoings despite our joint gross income being around £100k a year. We have no access to any tax credits, child benefit or any other kind of support.

This morning I received a notice from the CSA that they are going to reassess me which will mean a significant increase in the amount I will be expected to pay. I simply cannot afford to pay anymore. This is a strain on my marriage and I am only just recovering from the debt I carried over from my divorce 12 years ago.

What can I do to challenge any assessment and show I cannot afford to make any increased payments?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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 old are the children?
Clare
Customer: replied 2 years ago.

The children with the PWC are 15,14 and 11 (being 16,14 and 12 by the end of August)

Customer: replied 2 years ago.

Here's my initial question - fleshed out a little better. Hope it helps.


 


Hi.

I am in a desperate situation and rally hope there is something you can advise that will help me and my family.


I have been paying CSA payments to my ex wife for our 3 children for around 12 years. Their ages are 15, 14 and 11, although by the end of August it will be 16,14 and 12. She has since remarried and has a child from the new marriage. Around 8 years ago she sold up and moved away so that I do not know where they are and the children are now alienated from me, where I haven't seen them or been allowed any sort of access to them since.

Despite being denied the ability to even know where my children are, I have not shirked my responsibiltiy and have been paying child maintenance under the 1993 scheme consistently. The amount has remained unchanged for about the last 5 years. I have struggled and ensured I made the payments despite haveing debt still from the divorce (albeit rolled up in dofferent forms over the past decade). I have had to enter into a debt management plan to try to clear my debt as it was just increasing each month. My joint family income (having remarried and with 2 children) barely covers all of our outgoings despite our joint gross income being around £100k a year (we do not have a lavish lifestyle whatsoever and I can provide detailed income and outgoing statements to back this up). We have no access to any tax credits, child benefit or any other kind of support. I gave up the family home in my divorce from which my ex wife drew around £150k of equity when it was sold.

This morning I received a notice from the CSA that they are going to reassess me which will mean a significant increase in the amount I will be expected to pay. I simply cannot afford to pay anymore. This is going to put a strain on my marriage and I am only just recovering from the debt I carried over from my divorce 12 years ago. If the reassessment is as I fear, the alternative will be to give up work entirely and become destitute. I maintain my obligation to provide financial support for my children despite, as I have said, having had them removed from my life, but I am on the verge of bankruptcy. If the re-assessment comes in as I think it will, then I will have little choice to declare myself bankrupt. Not only will this deny my absent children any financial support I can give them at the moment, but it will also deny my family the support they need. It is enough that they are not at all considered in the assessment process without their lives being further diminished by me no longer generating any income. I am an accountant and work as a finance professional - any sort of bankruptcy position will immediately put an end to my career and at 41 I am unable to think of any other career path to follow.

What can I do to challenge any assessment and show I cannot afford to make any increased payments?


 

Expert:  Clare replied 2 years ago.
Hi
What makes you think that an increase is inevitable - and what has triggered the re-assessment?
Clare
Customer: replied 2 years ago.


My salary has increased since I was last assessed - I've done a quick calculation based on what I know. And I really don't know what has triggered the re-assessment.

Expert:  Clare replied 2 years ago.
Hi
As you are aware the 1993 assessment is very complicated which makes it difficult to assess
Unfortunately there is STILL no process which allows you to transfer to the newer forms of assessment so there is simply no way around this - and yes I do understand how absolutely ridiculous this is
having said that you do not have to simply accept whatever the assessment is - they get it wrong more often than not and you MUST appeal whatever assessment is made
It is also worth obtaining a full copy of your file from the CSA using the Freedom of Information Act - this will assist you in challenging the assessment
You can get more help from this group
www.nacsa.org,uk
I am sorry not to give you better news
Please ask if you need further details
Clare

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